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If property is acquired by gift during marriage and before separation, a donative intent to a particular spouse by the transferor will have to be proved in order to establish the property as separate. A remunerative gift is made by a donor to show appreciation for services rendered. Such gifts are community property on the theory that they emanate from the spouse's labor. If the donor makes a gift to husband and wife during marriage, and there is no proof that the donor intended them to hold as tenants in common or joint tenants, the property will be considered to be community property.

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