A type of community property that results when a married couple relocates to a community property state from a non-community property state and then files for divorce
Quasi-Community property is that which is acquired while living in a non-community property state but has since relocated and is currently living in a community property state.
To understand the significance of this, we must consider the difference between community property and separate property.
Separate Property
At the time of divorce and distribution of marital assets, there must be a judicial determination as to what property is the separate property of one spouse.
Separate property is defined as all property acquired before the marriage or received by one spouse during the marriage by gift or inheritance.
Community Property
Community property is defined as property acquired during the marriage and, absent the above exceptions, remains community property belonging to both spouses as joint owners. Therefore, all marital property will be equally split between spouses upon divorce.
Property Divided In Community Property State
In a community property state where the couple had relocated from a non-community property state, the court can divide the property as if it was community property to reach a fair and equitable disposition. In more legal terms, there is a rebuttable presumption favoring treating the property as community property.
