What Is Considered Community Property in a California Divorce?

June 10, 2025

Understanding Community Property in California Divorce

Dividing property during a divorce can be one of the most emotionally and financially challenging aspects of the process. In California, this task is governed by the state’s community property laws. At Collis Law, APC, we assist individuals throughout California in navigating these laws and ensuring their rights are protected.

What Is Community Property?

In California, community property refers to all assets and debts acquired by either spouse during the marriage. This includes both tangible items, like houses and vehicles, and intangible assets, like bank accounts, investments, and retirement plans. California law generally requires that these assets be split equally between both parties in a divorce.

Examples of community property may include:

Income earned by either spouse during the marriage
Real estate purchased with marital funds
Retirement accounts (to the extent contributions were made during the marriage)
Business interests started or developed during the marriage
Debts incurred during the marriage (with some exceptions)

What Is Not Community Property?

Property that is considered separate is not subject to division. Separate property includes:

Assets acquired before the marriage
Inheritances or gifts received by one spouse individually
Property or money acquired after the date of separation
Anything specifically designated as separate in a valid prenuptial or postnuptial agreement

It’s important to note that separate property can sometimes become commingled with community property. For example, if one spouse uses money inherited before the marriage to buy a home titled in both names, this may create a dispute that needs legal resolution.

The Date of Separation Matters

The date of separation plays a key role in distinguishing community from separate property. Once spouses are considered legally separated (which may differ from the date of physical separation), any income or assets they acquire are typically deemed separate. Determining this date can be complex and contested, which is why legal guidance is often necessary.

How Collis Law, APC Can Help

Navigating community property laws can be daunting without the right legal support. At Collis Law, APC, we provide guidance to California residents going through divorce, helping them understand their rights, protect their interests, and achieve fair division of property. Whether you’re facing a contentious split or looking to resolve matters amicably, we are here to assist every step of the way.

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