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Community Property

All property acquired by the parties during the marriage that does not qualify as separate property. Separate property is property owned or claimed prior to marriage or property acquired during marriage by gift or inheritance.  There is a presumption that property owned at the time of a divorce is community property. When a spouse has separate property claim, that spouse must prove the character of the property is separate property by a higher evidentiary burden, referred to as “clear and convincing evidence.”