How California splits property

California is a community property state. The rule, simplified: anything earned or acquired during the marriage is community property, owned 50/50. Anything before the marriage or after separation is separate property, owned by whoever earned it.

Inheritances and gifts to one spouse are separate property, even during the marriage — UNLESS they got mixed with community funds (called "commingling"), in which case it can become complicated.

Debts work the same way. Debts during the marriage are community debts, split 50/50. Debts before or after are individual.

When you file uncontested, you and your spouse decide how to actually divide the assets. Court doesn't audit your split — you can give your spouse the house and take the retirement account if you both agree, even if it's not perfectly 50/50.

The Property Declaration (FL-160) is where you list everything. We help you fill it out without missing categories.

When property is contested — especially with a business, pension, or retirement account — that's an attorney's job. We can refer you.