At Part 5 of the Petition, the Petitioner can identify his or her separate property. Community property is:
- Property acquired during the marriage (except if it’s not per the separate property statutes (Family Code Section 760) or the parties agree otherwise in a prenuptial agreement) .
Community property is subject to equal division by the Court. Family Code Section 2550.
If you are unsure about the characterization of certain property, be sure to talk to an experienced family law attorney.