Community property: what gets split and what does not

The basic division

Property acquired by a married person during the marriage while living in California is generally community property (Family Code § 760), and in a divorce or legal separation the court divides the community estate equally unless the spouses agree otherwise in writing or in court (Fam. Code § 2550). Property owned before the marriage, or received during it by gift or inheritance, together with its rents and profits, is generally separate property (Fam. Code § 770) and is not divided.

Debts follow similar principles: debts incurred after the marriage and before the date of separation are generally divided under the same equal-division rules (Fam. Code § 2622), which surprises people more than the asset side does.

Where it gets complicated

Commingling. A separate-property account that received salary during the marriage. A house bought before the marriage but paid down with community earnings. A business started before and grown during. In each case both characters can exist in one asset and have to be traced apart. Where separate funds went into a community asset, the contributing spouse may be entitled to reimbursement of down payments, improvements and principal reduction — but without interest or appreciation, and not for interest, taxes, insurance or maintenance payments (Fam. Code § 2640).

Tracing is a real analytical exercise, and it is one reason these matters can be expensive.

Retirement and deferred compensation

The portion of a pension or retirement account earned during the marriage is generally community property even though it is not yet payable. Dividing it usually requires a separate order directed to the plan (Fam. Code § 2610; for many private plans this is a qualified domestic relations order), which is a distinct step that is easy to leave until late.

Date of separation is a substantive fact

It sets the line where community acquisition stops. Legally it is when one spouse has expressed to the other the intent to end the marriage and that spouse's conduct is consistent with that intent, judged on all relevant evidence (Fam. Code § 70) — not simply the day someone moved out. Where earnings or a business are involved it can make a significant financial difference. Do not treat it as a formality.

Common questions

Does whose name is on the title decide it?

Not by itself. Title is evidence, but characterization also depends on when and how the asset was acquired and what funds were used.

What if my spouse hid an asset?

Spouses owe each other a fiduciary duty of full disclosure that continues from separation until assets are actually distributed (Fam. Code § 2102). A judgment can be set aside for fraud, perjury in the disclosure declarations, or failure to comply with disclosure rules, generally within one year after the problem was discovered or should have been (Fam. Code § 2122), and the court keeps jurisdiction to divide community assets or debts the judgment left out (Fam. Code § 2556).

Is a prenuptial agreement always enforced?

No. A court will not enforce one that was not signed voluntarily, or one that was unconscionable when signed and was not preceded by fair financial disclosure (Fam. Code § 1615(a)). For voluntariness, the law looks at factors such as independent legal counsel (or a separate written waiver of counsel), at least seven calendar days between receiving the final agreement and signing it, and the absence of duress, fraud or undue influence (§ 1615(c)). Those requirements are where challenges usually focus.

Official sources

About this guide
Last reviewed September 2026 by the LA Law Hub editorial team against the official sources listed above. Laws, court rules, fees and local ordinances change, and how they apply depends on facts this guide cannot know. LA Law Hub is not a law firm. This guide is general information, not legal advice, and reading it does not create an attorney-client relationship. For advice about your own situation, speak with a lawyer licensed in California.

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