in community property states (California, Texas, Arizona, Idaho, Louisiana, New
Mexico, Nevada and Washington), the property owned by one spouse which he/she acquired
a) before marriage, b) by inheritance, c) as a gift, d) assets traceable to other
separate property such as money received from sale of a house owned before marriage,
and e) property the spouses agree is separate property. State laws vary, but basically
separate property can be controlled by the spouse owning it. The laws of descent
applied to separate property and right to give separate property by will differ
from the treatment of community property. Example a child may inherit part of one
spouse's separate property if there is no will, while community property would pass
automatically to the spouse. Upon divorce community property is divided equally,
while separate property is kept by the owner without division with the other spouse.
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