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Inception of Title Theory: If property is acquired before or after the marriage, it is separate property. The status of title of property is determined by the status of the original right. This status once acquired is generally fixed unless it is changed by an agreement between the parties or by implied acts of ownership. Property is not community property unless it was acquired during the marriage. Title depends on the existence or nonexistence of the marriage at the time of incipiency of the right. This is known as the inception of title theory. The exception to the inception of title rule is acquisition of equitable title.


Real Property: If the equitable title of real property is acquired before the marriage, the real property is separate property even if the legal title is acquired during marriage. An option for a lease obtained prior to marriage with the exercise of the lease during marriage is still separate property. Thus, an option on the exercise of a right acquired before marriage relates back to the time it was given and thus any title so acquired is separate property.


Personal Property: Money earned before marriage is separate property even if ...

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