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< Return to Tutorial List | Skip to Next Fact > Contemplating Divorce? 10 Things You Should Know provided by Gregory L. Housewirth, Esq. Fact Three: The Great Divide. In a divorce, only the community property of the parties is subject to division by the court. "Community Property" is that property, other than separate property, acquired by either spouse during marriage. "Separate Property" consists of: property owned by a spouse prior to marriage; property acquired by a spouse during marriage by gift, devise, or descent; and the recovery for personal injuries sustained by a spouse during marriage, except for a recovery for loss of earning capacity during the marriage. While these rules for characterizing property as either community or separate property seem fairly simple, there are many nuances and special rules for different types of property. For instance, a common question arises when separate property increases in value during the marriage. You will need to depend on the experience and skill of your lawyer in advising you regarding the characterization of the property involved in your divorce.
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