In re Marriage of Valli

In In re Marriage of Valli (2014) 58 Cal.4th 1396, the Supreme Court outlined the following law governing a trial court's characterization of the parties' property in a marital dissolution action: "In a marital dissolution proceeding, a court's characterization of the parties' property--as community property or separate property--determines the division of the property between the spouses. Property that a spouse acquired before the marriage is that spouse's separate property. Property that a spouse acquired during the marriage is community property Fam. Code, 760 unless it is (1) traceable to a separate property source , (2) acquired by gift or bequest , or (3) earned or accumulated while the spouses are living separate and apart . A spouse's claim that property acquired during a marriage is separate property must be proven by a preponderance of the evidence." (Valli, supra, at p. 1399.) Section 760 provides, "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."