California Property Division: Community Property
California is a community property state. Property acquired during the marriage (Fam. Code § 760) is generally divided equally — 50/50 — absent a written agreement (§ 2550). Separate property owned before marriage or received by gift or inheritance (§ 770) isn't divided. This differs from equitable-distribution states.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Talk to a California attorney about how these rules apply to your situation.
California is a community property state — which means the default isn’t “whatever’s fair,” it’s an equal split of what the couple built during the marriage.
Community property is divided equally
Community property is generally property a spouse acquires during the marriage while domiciled in California (Fam. Code § 760). At divorce, the community estate is divided equally — 50/50 (Fam. Code § 2550) unless the spouses have a written agreement that says otherwise.
Separate property is set aside
Separate property is not divided. It includes what a spouse owned before marriage; what they acquired during marriage by gift, bequest, devise, or descent (inheritance); and the rents and profits of that property (Fam. Code § 770). Separate property stays with its owner.
How this differs from other states
Most states use equitable distribution, where a judge divides marital property by what’s fair, which need not be equal. California is different: the default is an equal (50/50) split of the community estate. That makes the baseline more predictable, though characterizing assets as community or separate — and tracing commingled funds — can still get complicated.
How it connects
Property division is decided in the same case as your divorce, often alongside spousal support.
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Start your free intakeFrequently asked questions
- Does California split everything 50/50?
- California's default is an equal division of the community estate. Community property — generally what's acquired during the marriage while domiciled in California (Fam. Code § 760) — is divided equally (§ 2550) unless the spouses agree otherwise in writing. Separate property is not divided.
- What counts as separate property?
- Separate property includes what a spouse owned before marriage; what they acquired during marriage by gift, bequest, devise, or descent; and the rents and profits of that property (Fam. Code § 770). It's set aside to its owner, not split.
- How is this different from other states?
- Most states use equitable distribution, where a judge divides marital property by what's fair — which need not be equal. California's default is an equal (50/50) split of the community estate, which is more predictable.
Sources
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