Divorce and Community Property Laws in California

When going through a divorce in California, it can be difficult to understand how the process of dealing with property works. California is what is called a community property state: this means that property acquired by a married person during a marriage is community property if and when the married person divorces his or her spouse. Read on to learn more about divorce and community property laws in California.

What Is Community Property?

When a couple files for divorce, if the property is automatically determined to be shared, then it is defined as community property. This can cause problems in determining ownership after a marriage goes through the divorce process.

In contrast, separate property of a married person is not the same as community property. These following items can be considered separate property:

First, all property that is or was owned by an individual before marriage is considered separate property.
Second, all property that is acquired by this individual by descent, devise, bequest, or gift is not considered community property, but separate property.
There are more complex cases in which property can be owned without the consent of the other partner in a marriage, and these cases are especially difficult and need to be dealt with on an individual basis, with the help of an attorney and using the California Family Code – Sections 760, 770, 772, 2550.

Divorce and Community Property Law

As aforementioned, California is a community property state. Thus, all property, wherever situated, real or personal, that is acquired by a married person during the marriage while domiciled in this state is considered community property.

This means that, unless there is written agreement of both parties, or on oral stipulation of both parties in open court, the court shall divide the community estate of the parties equally when the process for legal separation or dissolution of marriage is taking place. Although separate property is not included in the division of the community estate, it is understood that most major properties (homes, vacation homes, etc.) will be considered community property under the law.

More Information About California’s Community Property Laws

If you are looking for more information about California’s regulations regarding community property, consider hiring an attorney and seeing what steps need to be taken in your case. Often, by working with a lawyer as soon as possible, you will be able to define clearly what property is yours and you will have a better chance of getting what you deserve as you go through your divorce.

Thinking About Divorce?