Community Property in California
State-specific overview · Family Law
California recognizes community property; all earnings and property acquired during marriage belong equally to both spouses unless acquired by gift or inheritance.
How California treats Community Property
California law presumes that all property acquired during marriage through the efforts of either spouse is community property owned 50/50, with limited exceptions for gifts and inheritances. Separate property includes assets owned before marriage, property acquired after separation, and property received by gift or inheritance during marriage. Upon divorce, community property is divided equally unless spouses agree to a different arrangement. California Family Code § 750 establishes the foundational community property presumption.
The general definition of Community Property
Property acquired during marriage that is owned equally by both spouses, regardless of who earned it.
Community property is a legal system used in certain states where most assets and income earned during a marriage belong equally to both spouses. It doesn't matter whose name is on the title or who earned the money—the law presumes it's jointly owned. When the marriage ends, community property is typically divided equally between the spouses. Separate property (owned before marriage or inherited) stays with the original owner.
Read the full Community Property entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in California.