What is the affect of a divorce on community/non-community property?
If a couple is in a community property state or a non-community property state, the appreciation of martial/non-marital property may be an issue during a divorce or legal separation. Generally, if non-community property increases in value during the marriage and either spouse has not contributed to this increase (by adding funds, property or other action), the appreciation of the value is still considered non-community property, or the property of the spouse who acquired it. Alternatively, if personal property that is considered community (or marital) property increases in value during the marriage, that increase is owned by each spouse equally. However, the courts may view ownership of the property differently if the increase in value is due to conduct of one or both of the spouses. It some jurisdictions, if non-marital property appreciates due to marital funds, conduct or efforts, the amount of appreciation may be considered community property and thus owned by each spouse. To determ
