For more information please see Civil Procedure of Divorce . The presumption is that all property acquired during the marriage is community property. However, there are exceptions to that rule. The deed form determines whether the spouses own the realty as community property or as joint tenants. It has been contended that if property is acquired with separate funds of each spouse they are tenants in common, their interest being proportionate to the amount paid by each.
All property owned by each spouse before marriage is the separate property of that spouse.
Also, certain acquisitions during marriage are separate property. The legislature recently enacted that any property acquired by either spouse after one spouse files and serves a petition for dissolution of marriage, legal separation or annulment will be separate property. However, if the parties reconcile before a decree is entered, then all separate property acquired after the filing and service of the petition will convert to community property. All property acquired by husband and wife during marriage is presumed to be community property. Although taking title in a spouse's name does not rebut the community property presumption, a spouse's conduct indicating his or her intent plus taking title in the wife's name is sufficient to establish his or her separate ownership.