All property acquired during marriage and before separation, with some exceptions, is presumptively community property.

A professional education obtained during marriage, even if it is paid with community funds, is not community property, and is therefore not valuable at the division of assets. One spouse does not acquire an interest in the other spouses education and the proceeds by contributing to the education. A professional education is technically only the professional persons enhanced earning capacity. There however, may be a right to reimbursement at the time of dissolution for contributions to the other party’s education to the extent that it enhanced the earning capacity. Therefore, it is important that any person involved in a dissolution of marriage seek the legal advice of a family law attorney.

Community property does not include everything acquired during marriage. For example, a mere expectancy cannot be considered a property interest. There also cannot be a community interest in any right that is not capable of being transferred, for example a professional reputation.

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