How is property divided in a California divorce?

California divides community property equally at divorce. Everything either spouse earns or acquires during marriage is community property under Family Code section 760, and Family Code section 2550 requires the court to divide the community estate equally, debts included. Separate property, such as premarital assets, gifts, and inheritances under section 770, stays with its owner.

Equally: as to community property. California is a community property state: with narrow exceptions, everything either spouse earns or acquires during the marriage belongs to the community (Family Code section 760), and at divorce the court must divide the community estate equally (Family Code section 2550). Separate property (assets owned before marriage, and gifts or inheritances received at any time (Family Code section 770)) is confirmed to its owner and is not divided. The clean rule gets complicated in practice: a house bought before marriage but paid down with marital earnings acquires a community interest (Moore/Marsden apportionment); businesses, stock options, and pensions accrued partly during marriage must be apportioned; and commingled accounts require tracing. Spouses can also change the character of property by written transmutation (Family Code section 852) or divide things unequally by agreement. Equal division applies to debts as well as assets, including debts one spouse never knew existed.

Authority: Cal. Fam. Code § 2550