
community property presumption
The community property presumption is a legal rule in some states that assumes any property acquired by spouses during their marriage is owned equally by both partners. This means that unless there’s clear evidence to the contrary, property earned or purchased during the marriage is considered community property, shared equally between spouses. This presumption simplifies legal decisions about property division if they divorce or separate, emphasizing fairness by treating assets as jointly owned. However, it can be rebutted if proof shows the property was separately owned or acquired before marriage or through other means.