California Divorce Property Division

What the Law Says

California is one of 9 community property states — property acquired during the marriage belongs to both spouses. On divorce, the community estate is divided equally unless a specific exception applies. Property owned before the marriage, gifts, and inheritances generally stay with the original owner.

California is a strict community property state: Family Code §760 classifies property acquired during marriage while domiciled in the state as community property, and §2550 requires the court to divide the community estate equally. There is no factor list to weigh for the size of each share; departures from the equal division are limited to statutory exceptions such as the parties' written agreement or oral stipulation in open court, deliberate misappropriation of community assets (§2602), economic-circumstance awards of particular assets offset against other assets (§2601), and small-estate adjustments (§2604).

Division Factors (Cal. Fam. Code §§760, 2550)

What California courts weigh:

1. Property acquired by a married person during the marriage while domiciled in California is community property (Fam. Code §760)
2. The court must divide the community estate equally, absent the parties' written agreement or oral stipulation in open court (§2550)
3. Deliberate misappropriation of community assets by one spouse may be charged against that spouse's share (§2602)
4. The court may award a community asset to one party on economic circumstances, offset by other assets, to effect a net equal division (§2601)
5. In small estates the court may award all community property to one party where the net value is less than the statutory threshold (§2604)

Common Questions