What is the test for determining whether a property is community or separate property in a divorce proceeding?
California, United States of America
The following excerpt is from Marriage of Buford, In re, 155 Cal.App.3d 74, 202 Cal.Rptr. 20 (Cal. App. 1984):
The trial court certainly has jurisdiction to determine whether a particular asset is community or separate property. (Porter v. Superior Court, supra, 73 Cal.App.3d at pp. 803, 805, 141 Cal.Rptr. 59.) However, "there is no express authority [in the act] to dispose of either spouse's separate property in the dissolution proceedings." (Id., at p. 803, 141 Cal.Rptr. 59.)
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