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Community of property, divisions of marital property (house, household effects, businesses, etc.)

Community of property, divisions of marital property (house, household effects, businesses, etc.)

Anyone not entering into a prenuptial agreement or marriage settlement, will be married in community of property. Briefly put, all property from before and during the marriage will be joint property and only an inheritance or gifts with an exclusion clause will not become part of the community of property . It means that both spouses are liable for debts that are incurred and also existing debts from before the marriage become joint debts. Property is not easily personally attached, as the saying goes. Only strictly personal payments, such as a compensation payment for a personal injury, for instance, are deemed to be attached more easily and need not be divided.

Property originating from the family of one of the spouses may be taken out of the joint property by that spouse after payment of the estimated value.