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Under California law, a spouse's entitlement to a share of the community property arises at the time that the property is acquired. (Civ. Code, §§ 5107, 5108, 5110.) That interest is not altered except by judicial decree or an agreement between the parties. Hence 'under settled principles of California community property law, 'property which is not mentioned in the pleadings as community property is left unadjudicated by decree of divorce, and is subject to future litigation, the parties being tenants in common meanwhile.'' (In re Marriage of Brown, supra, 15 Cal.3d at pp. 850-851, quoting In re Marriage of Elkins (1972) 28 Cal. App. 3d 899, 903 [105 Cal. Rptr. 59]. Accord Estate of Williams (1950) 36 Cal.2d 289, 292-293 [223 P.2d 248, 22 A.L.R.2d 716]; Lewis v. Superior Court (1978) 77 Cal. App. 3d 844, 847-850 [144 Cal. Rptr. 1]; Irwin v. Irwin (1977) 69 Cal. App. 3d 317, 320-321 [138 Cal. Rptr. 9]; Kelly v. Kelly (1977) 73 Cal. App. 3d 672, 676 [141 Cal. Rptr. 33].) This rule applies to partial divisions of community property as well as divorces unaccompanied by any property adjudication whatsoever.

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