A.    It is the system of principles and rules governing the ownership and management of the property of married persons as between themselves and towards third persons. It applies to spouses domiciled in this state regardless of their domicile at the time of marriage. Under that regime, the property of married persons is classified as either separate or community. Each spouse owns a present undivided one-half interest in community property. The separate property of either spouse is owned entirely by that spouse.

A. Everything acquired during marriage or in possession of either spouse is presumed to be community property. However, either spouse may prove that any property is separate. Generally, community property consists of:

1. Property acquired during marriage through the effort or skills of a spouse;
2. Property acquired with community things;
3. Property donated to the spouses jointly;
4. Damages awarded for the loss of a community thing;
5. Fruits and revenues of community things (e.g., rents, interest);
6. Anything not classified as separate property.

Q.    Generally, what is separate property?

A.    Generally, separate property is:

1. Property acquired by a spouse before the marriage;
2. Property acquired by a spouse with separate things;
3. Property acquired by a spouse by inheritance;
4. Property donated to that spouse separately;
5. Damages awarded to the spouse for injury to the separate property of that spouse.
6. Damages due to personal injuries sustained during the existence of the marriage. However, any damages attributable to expenses incurred by the community as a result of the injury or to compensate for the loss of community earnings, is considered community property.

Sometimes the line between what is separate property and what is community property becomes blurred or very complex. This is especially true when a spouse acquires something with both community and separate things. It is best to consult a lawyer if you have any questions.

Q.    How does the legal regime of community property end?

A.    It terminates by:

1. the death of either spouse;
2. divorce or separation;
3. separation of property;
4. declaration of nullity by a court

Q.    Who is responsible for the debts incurred during marriage?

A. A debt or obligation incurred by a spouse before or during the existence of the community may be satisfied after termination of the community from the property of the community or from the separate property of the spouse who incurred the debt.