California Real Estate Practice Exam

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Which of the following is not considered separate property in a community property situation?

Property acquired before marriage
Inheritance received by one spouse
Gifts received by one spouse
Property acquired with commingled funds

The correct answer is: Property acquired with commingled funds

Community property refers to assets acquired during the course of a marriage that are considered to belong equally to both spouses. Property acquired before marriage, inheritance received by one spouse, and gifts received by one spouse are all considered separate property, meaning they belong solely to the spouse and not the marital community. Property acquired with commingled funds, however, is considered a combination of separate and community property, and is subject to distribution in community property states.