How is property divided during a divorce in California?

Michael Gower

California managing attorney at Marble Law

Published August 28, 2024 · 6 min read

Key Takeaways

California is a community property state.
Community property means property acquired during the marriage will be divided equally.
There are exceptions to this rule, including prenups, which can override them.

California is a community property state. Unless there’s a prenuptial agreement or a specific enforceable agreement between the spouses, all community property is typically split 50/50.

Community property vs. separate property

The difference between community property and separate property comes down to when the person obtained the assets or debts.

Community property: This encompasses all assets and debts acquired during the marriage, often regardless of which spouse holds the title. Income earned by either spouse during the marriage and property purchased with marital funds are considered community property.
Separate property: This category includes assets and debts acquired before the marriage, gifts or inheritances received by one spouse individually and, usually, assets acquired with separate property funds (such as the proceeds from the sale of a premarital asset).

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What property is divided?

The community property that’s split 50/50 in California applies to a wide range of assets and debts, including:

Real estate: The family home, vacation properties, or any investment properties acquired during the marriage.
Financial accounts: Joint bank accounts, retirement savings accounts (such as 401(k)s and IRAs) accumulated during the marriage and any investment accounts opened with community funds.
Tangible personal property: Cars, furniture, jewelry and other valuables acquired during the marriage are subject to division. However, there may be room for negotiation if certain items have significant sentimental value to one spouse.
Debts: Mortgages, car loans, credit card debt and other debts incurred during the marriage.

Is everything split 50/50 in a divorce in California?

There are some exceptions where the court may depart from an equal division. Here are some potential scenarios:

Commingling of separate property: If separate property funds have been commingled with community property funds over time, it can be challenging to distinguish between the two. In such cases, the spouse who claims separate property may have the burden of proving the extent of their contribution. An attorney can assist with tracing separate property funds and advocating for a fair outcome.
Appreciating separate property: If a separate property asset, such as a premarital inheritance, appreciates significantly in value during the marriage due to the efforts of one spouse (for example, through renovations or management), the increased value might be considered community property. The court will consider the specific circumstances to determine a just division.
Marital misconduct: In rare cases, a spouse's financial misconduct during the marriage—such as excessive gambling or hiding assets—may be a factor in property division. The court may award a greater share of the remaining community property to the innocent spouse to compensate for the dissipation of marital assets.

Does a prenup prevent a 50/50 split?

A prenuptial agreement, also known as a prenup, can significantly impact property division during a divorce. This legally binding contract, created before the marriage, allows couples to specify how their assets and debts will be divided in the event of a divorce. A well-drafted prenup can protect separate property, establish spousal support arrangements and provide clarity on inheritance rights.