John K. answered 07/11/24
Atty. 30+ yrs., Bar Exam Prep 12 yrs., Ivy League Grad
The most clear-cut example of separate property is that property or assets that a spouse owned before getting married. But note that generally interest or profits on separate property, or an increase in value, accruing after the date of marriage, is joint or community property, Answer b above would be the closest to a correct answer since the asset was made and saved by one spouse before the marriage. Separate property can lose its separate status by being mixed with community property during the marriage. Everything that is classified as community property carries a presumption that it is to be divided 50-50. But there may be exceptions or deviations including through a pre-nuptial agreement, Generally, everything earned and/or purchased during the marriage is considered community property regardless of how it is titled. During the marriage, any property purchased by either spouse is community property.
I am not from a community property state - in an equitable distribution state, the court has the ultimate discretion to divide the property according to need and other factors.