Property Terms Community property is generally all assets and debts  acquired during the marriage regardless of whose name it is under, who paid for it, or who accumulated the debt.  Separate property is generally all assets and debts  before marriage. after separation, or gifted or inherited during marriage.  Problems arise with separate property before marriage when this property is commingled with community property.  This gives rise to tracing issues as the party who wishes to prove the property is separate must trace the property back to separate property.  Therefore, keep all records.    Fiduciary duty is owed between spouses regarding their assets and debts.  A breach of this duty can result iin the court not dividing the community property equally. Disclosures are required to be completed by the parties.  Failure to disclose all income and expenses and assets adn debts could result in a breach of fiduciary duty.