California Divorce Property Division

System
Community Property
Default Split
50 / 50
Governing Statute
Cal. Fam. Code §760

What the Law Says

California is one of 9 community property states. Property acquired during the marriage belongs to both spouses equally. On divorce, it splits 50/50 unless a specific exception applies. Property owned before the marriage, gifts, and inheritances stay with the original owner.

California is a strict community property state requiring equal division of all community property upon dissolution. All property acquired during marriage while domiciled in California is community property.

Statutory Factors (Cal. Fam. Code §760)

California courts are required to consider:

  1. Property acquired during marriage is community property
  2. Property owned before marriage is separate
  3. Gifts and inheritances are separate
  4. Commingling may affect classification
  5. Community estate divided equally or justly
  6. Debt characterization follows state rules

Common Questions

California: community property or equitable distribution?

Community property. Cal. Fam. Code §760 presumes a 50/50 split of everything acquired during the marriage.

What factors does a California court weigh?

Cal. Fam. Code §760 lists 6 factors. The first three: Property acquired during marriage is community property, Property owned before marriage is separate, Gifts and inheritances are separate. The full list is above.

Does California split retirement accounts in a divorce?

Yes. 401(k)s and pensions earned during the marriage are community property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).

ClearSplit runs California's community distribution rules on your actual assets and debts.

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Source: Cal. Fam. Code §760 AI draft · Full law library entry