Characterization: Community vs Separate
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Community Property · Lesson 01
Characterization: Community vs Separate
這一課問的是：本財產為共同財產或個人財產？如何分類？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Is the property community property or separate property — and how is it characterized?
這一課問的是：本財產為共同財產或個人財產？如何分類？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
community property
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Property acquired during marriage by either spouse through labor or onerous title.
共同財產。
separate property
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Property owned before marriage, or acquired by gift, devise, bequest.
個人財產。
inception of title
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Character determined at time of acquisition.
所有權發生時。
tracing
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Following separate property through transactions.
追蹤。
commingling
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Mixing separate with community.
混同。
presumption of community
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Property acquired during marriage presumed community.
共同推定。
burden of proof
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Spouse claiming separate must prove.
舉證責任。
Issue · what this lesson is really about
Is the property community property or separate property — and how is it characterized?
這一課問的是：本財產為共同財產或個人財產？如何分類？
Trigger words & phrases that should flag this issue:
acquired during marriagebefore marriagegiftinheritanceearnings
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| Apply CP definition | Community property includes earnings of either spouse during marriage and property acquired with those earnings. | 共同財產包括婚內收入與以此取得之財產。 |
| Apply SP definition | Separate property includes pre-marriage assets, gifts, devises, bequests, and increases in separate property remaining separate. | 個人財產含婚前資產、贈與、遺贈、繼承。 |
| Apply inception of title | Property's character is determined at inception of title. | 所有權發生時定。 |
| Apply tracing | Separate property remains separate if traceable through transactions. | 可追蹤之個人財產保持個人。 |
| Apply community presumption | All property acquired during marriage is presumed community. | 婚中所得推定共同。 |
Rule Sentence · the workhorse
Property acquired by either spouse during the marriage by onerous title (labor, earnings) is community property; property owned before marriage, or acquired by gift, devise, or bequest, is separate property; the inception of title generally determines character, and a presumption of community property attaches to property acquired during marriage.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人spouses配偶
Act 行為acquiring property取得財產
Object 對象property財產
Standard 法律標準CP vs SP characterizationCP vs SP 分類
Consequence 後果CP shared 50/50; SP individualCP 共享；SP 個人
Casebook Snapshot · a real American case
Cal. Family Code §§ 760 et seq. · routine CA characterization decisions
Holding. California presumes property acquired during marriage is community; the spouse claiming separate property bears the burden of tracing or otherwise establishing separate character.
Why it matters. Default presumption: CP. Burden falls on spouse seeking SP characterization.
默認 CP；主張 SP 者負舉證責任。
Common Mistakes · what trips students
✗ spouse 之 salary 視為 separate。
✓ Wages during marriage are CP.
婚內薪資為 CP。
✗ inherited property 自動變為 community。
✓ Inheritances remain separate.
繼承為 SP。
Mini IRAC · build the Application
Issue. Is the $500,000 W earned as a software engineer during the marriage characterized as community or separate property?
Rule. Property acquired by either spouse during marriage by onerous title — including wages and earnings — is community property.
Application (model). W earned $500,000 from her employment during the marriage. Because earnings from labor during marriage are community property regardless of which spouse earned them, the fact that W's $500,000 represents wages earned during the marriage means it is community property.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the $500,000 is community property, owned equally by both spouses.
MBE Check · multiple choice
H inherited $300,000 from his uncle during marriage. The check was deposited into the joint checking account, used for everyday expenses. Several years later, $200,000 remains. CP or SP?
Mini Essay · write the Application paragraph
Facts. During their marriage, H earned $80,000/year, W inherited $500,000 from her parents (deposited in W's separate account), and both spouses used H's salary for household expenses. They later separated.
Call. How should the $500,000 inheritance and H's earnings be characterized?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: