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Community Property Overview The general rule in community property states is that all "community property" is divided 50/50. Community property tends to be all property acquired during marriage. Separate property tends to be property acquired before the marriage or after the separation. The treatment of gifts and inheritances acquired during the marriage varies from state to state. Note: The community property rules govern what a judge will decide if the parties do not agree. However, the parties are virtually always free to agree to any property division that is not grossly unfair.
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