Why is it important to know the difference between community
property and separate property?
It is important to know what community property the spouses
have because in a dissolution case the court is required by law to divide the
community property in a fair (not necessarily equal) way. You must be able to
show the court adequate proof of what you are claiming as your separate
property, as the court must decide which property is separate property
belonging to each spouse. If a retirement plan is involved, the court may have
to sign a special order (a "Qualified Domestic Relations Order") so
the company that keeps the retirement account can divide the money/benefits
acquired during the marriage properly between the spouses.
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