California community property attorneys in San Diego.
California is one of nine community property states. The label 'community' or 'separate' is the single most important determination in dividing your marital estate — and it's rarely as simple as it sounds.
What you need to know
Generally, all property acquired during marriage is community property and divided equally at divorce. Property owned before marriage, or received by gift or inheritance, is separate. Tracing, transmutation, commingling, and Moore/Marsden calculations are where most disputes arise.
- Family Code §760 presumes property acquired during marriage is community property.
- Each spouse is generally entitled to one-half of the community estate.
- Separate property remains with the original owner (Family Code §770).
- Commingled accounts may require expert tracing to identify separate funds.
- Real estate purchased before marriage but paid down during marriage requires Moore/Marsden analysis.
Related topics & situations
Community vs. Separate Property
The fundamental classification that drives every division.
Hidden Assets in Divorce
Forensic discovery of undisclosed accounts and income.
Learn moreDividing Retirement Accounts (QDROs)
401(k), pension, and IRA division by Qualified Domestic Relations Order.
Dividing the Family Home
Sale, buyout, deferred sale (Duke order), and Moore/Marsden.
Debt Division in Divorce
Community vs. separate debt and post-separation debt.
Business Valuation in Divorce
Goodwill, capitalization, and buyouts of closely-held businesses.
Learn moreStock Options & RSUs
Time-rule allocations for unvested equity compensation.
Learn moreInheritance in Divorce
Keeping inherited property separate vs. transmutation.
Commingled Accounts
When community and separate funds mix in one account.
Tracing Separate Property
Direct, exhaustion, and family expense tracing methods.
Tax Consequences of Division
Basis, capital gains, and IRC §1041 transfers.
Cryptocurrency Division
Discovery, valuation, and division of digital assets.
California Family Code §760 establishes the community property presumption: 'Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.' The party claiming an asset is separate carries the burden of proof.
Source: California Family Code & California State Bar guidance. General information only.
Property & Asset Division — frequently asked questions
How is property divided in a California divorce?
What is the difference between community and separate property?
Is my inheritance considered community property?
How are retirement accounts divided?
What happens to the family home in a divorce?
How is a business valued and divided?
What if my spouse is hiding assets?
Are stock options and RSUs divisible?
How is debt divided in a divorce?
What is a QDRO and do I need one?
What is the Moore/Marsden formula?
How is cryptocurrency handled in divorce?
Speak with a San Diego family law attorney today.
Every conversation is private. Most clients leave the first call with a clear sense of what to expect — what California law says, what your case is likely worth, and what to do next.