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Distribution Type
Community Property
Default Split
50 / 50
Income Adjustment
None

Methodology

Community property — equal division

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

The following factors are commonly evaluated under California law:

  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

Statute Reference

Citation: Cal. Fam. Code §760

Source: https://leginfo.legislature.ca.gov/

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Citation
Cal. Fam. Code §760
Source URL
https://leginfo.legislature.ca.gov/
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Reference Library

California Community Property

California's community property system under Cal. Fam. Code §760 presumes all property acquired during marriage is equally owned. Upon divorce, community property must be divided equally. Separate property — owned before marriage or acquired by gift or inheritance — is not subject to division. California does not permit courts to deviate from the equal division rule except in limited circumstances such as deliberate misappropriation.

Citation: Cal. Fam. Code §760

Source: https://leginfo.legislature.ca.gov/

Last updated: 2026-05-19T01:39:53.560725