All property possessed by either spouse at the time of divorce is presumed to be community property.  However, so long as you have proof, separate property is property owned by one spouse before the marriage, property given as a gift to one spouse, or property inherited by one spouse during the marriage.  Some portions of personal injury settlements are also considered separate property.  One example for instance, is if one spouse owned a home prior to the marriage, so long as that spouse can prove prior ownership, the home is that spouse’s separate property.