States that follow community property laws provide that nearly all the property acquired during the marriage belongs to the marital “community,” such that the husband and wife each have a one-half interest in it upon death or divorce. It is presumed that all property acquired during the marriage by either spouse, including earned income, belongs to the community. Property obtained by gift or through inheritance is considered separate, unless it is comingled with community property. Upon divorce each party gets all separate property, as well as one-half of the community property.
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