MBE Rules · Community Property
Separate Property — Owned Before Marriage
Cal. Fam. Code § 770
The rule
Property owned by either spouse before marriage is that spouse's separate property. All rents, issues, and profits derived from separate property remain separate property, as does any property received in exchange for that separate property.
In plain English
Property that either spouse owned before getting married is considered their separate property. This includes any income or benefits generated from that property, as well as any property acquired in exchange for it.
Worked example
Alice owned a rental property before marrying Bob. After their marriage, the rental income from that property continued to be deposited into Alice's personal account. When they divorced, Alice retained ownership of the rental property and the income generated from it.
Memory hook
What’s mine before marriage stays mine, even after the vows!
The trap
Exams may present scenarios where property is acquired during marriage but argue over its classification, tricking students into misapplying the separate property rule.
How examiners test it
Questions often involve tracing property ownership and income sources to test understanding of separate versus community property distinctions.
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More Community Property rules
- Interspousal Fiduciary Duty · Cal. Fam. Code § 721; § 1100(e)
- Management and Control of CP · Cal. Fam. Code § 1100(a)-(d)
- Equal Division at Dissolution · Cal. Fam. Code § 2550
- Putative Spouse Doctrine · Cal. Fam. Code § 2251
- Business Goodwill · Marriage of Foster (goodwill)
- Severance Pay · Severance pay (Cal.)