The definition of ‘community property’ is everything that a married couple or domestic partners own together, meaning everything that they have earned, bought, or gotten while you were married or in a registered domestic partnership. This includes the debt you have collected while together as well but does not include gifts that were only given to one spouse/partner (ie: inheritance).

When discussing earnings, community property extends to encompass the things you’ve bought with your earnings and to determine whether an item is community property or not, you must simple look at the source of the money that the item was purchased with. If the money use to obtain the item was earned during your marriage or domestic partnership, then the item is considered community property. An example would be: If you purchased a stereo with money that you’ve been saving yourself, but that money was earned during your marriage, then the stereo is therefore considered community property.

Debt collected during your marriage or domestic partnership is also community property and must be divided once you are separated. Even if the debt was made by one spouse/partner, if it was accumulated during your union, then it belongs to both of you and will be divided equally between you.

Even pension plans and retirement benefits are community property and it is best to seek professional legal help to find out about all your community property.