No. In California divorce law, it is important to distinguish "community property" from "separate property". §761 of the California Family Code provides that "except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property." But, §770 of the California Family Code provides that separate property of a married person includes the following: (1) all property owned prior to the marriage; (2) all property acquired after the marriage by gift or inheritance; and (3) all rents, issues and profits of any separate property asset.

When a couple divorces in California, the court will divide all of the community property in half and award 100% of the separate property to its respective owner. "This means that if you own property prior to getting married it remains your separate property even after you break up. However, there are some exceptions to this rule. For instance, if you commingle your assets you can make an asset community property. Also, if you make a down payment on a piece of real estate with separate property funds prior to the marriage, but throughout your marriage you make mortgage payments from your community wages, your spouse will have a community interest in that property known as a Moore-Marsden interest, which is calculated with a formula based upon the amount of loan principal paid from community funds. However, you will get your separate property down payment back.

California divorce law makes no distinction regarding where a person is married. The key is whether at the time of divorce, the State of California can claim jurisdiction over the marriage and the property. In other words, you must ask if you are domiciled in California. If you are, then the property you acquire while married will be considered "quasi-community property" unless you can show that the property was purchased with your separate property funds. The distinction between community and quasi-community property is academic because they are both treated alike under community property law for the purposes of marriage and divorce.

The community still owns it and it will be divided upon divorce. You may need to check with an attorney in the other state to see how the property would be classified there.

All property that you acquire prior to the marriage remains your separate property forever. The only exceptions are when you "gift" your separate property to the community with a document called a "transmutation" or if the separate property is so commingled with the community property that a court would not be able to reasonably separate it - as is sometimes the case with bank accounts.

DON'T DO IT! That is unless your spouse signs a quit claim deed and a document that expressly declares that he has transmuted his community property interest in the new house to you. Your interest in the house you buy with someone else could be considered community property. However, if you can make the purchase entirely with separate property funds and can prove it, your interest in the new property will remain your separate property. The best policy in this situation, however, is to file for divorce or legal separation prior to the purchase, which would establish a date of separation.

No. Remember, any property acquired prior to the marriage is your separate property. However, one way a spouse could get an interest after the date of marriage is if you make mortgage payments from a community property source such as your wages.

The question that should be asked is not when the divorce is legally finalized, but when you were separated. The law defines your date of separation as that day on which it was clear to both parties that the marriage was irretrievable. That could be the date a spouse moved to a separate residence or the date a Petition for Dissolution of Marriage was filed at court. If the house was acquired after the date of separation, it will be considered separate property. (Beware: if you use community property funds to purchase the house or to make a down payment, you run the risk of giving your ex-spouse an interest in the property or - at the very least - a right to reimbursement.)

BE CAREFUL! Adding a spouses name to the title for a piece of separate real property (i.e., a deed) will turn the property into a community asset. However, a right to reimbursement of the separate property investment will still stand.