What are some of the basic rules that a court will follow in dividing property?
Consider the following principle: Community property consists of the property, other than separate property, acquired by either spouse during marriage. Separate property consists of property owned or claimed by the spouse before marriage and property acquired by the spouse during marriage by gift or inheritance. Recovery for personal injuries sustained by a spouse during marriage is separate property, except any recovery for loss of earning capacity during marriage. A judge has wide jurisdiction over community property, but almost no authority over separate property.
