What is the primary defining feature of community property?

The primary defining feature of community property is that property acquired during marriage by either spouse is considered community property. This legal concept recognizes that both spouses contribute to the partnership of marriage, whether economically or otherwise, and therefore the property obtained during this time is owned jointly by both, irrespective of which spouse acquired it. This system is designed to provide an equitable distribution of assets and to reflect the idea that both partners share responsibility for the financial outcomes of their union.

In jurisdictions that follow community property laws, such property is typically divided equally upon divorce, emphasizing the notion that marital assets should be shared. This principle often applies unless there is a prenuptial agreement or specific circumstances that would classify an asset as separate property. The other scenarios listed, such as property acquired before marriage being considered community property or all individually owned property being classified that way, do not align with the fundamental understanding of community property laws.