{"id":371808,"date":"2016-03-31T21:34:29","date_gmt":"2016-04-01T02:34:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-marital-property-laws.html"},"modified":"2024-06-06T16:31:19","modified_gmt":"2024-06-06T21:31:19","slug":"california-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-marital-property-laws.html","title":{"rendered":"California Community Property Laws"},"content":{"rendered":"\n
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California Community Property Laws <\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

California is a well-known community property state. All property acquired during marriage is considered community property and subject to 50\/50 division in the case of divorce. Marital property is significant at two times in a marriage: during a divorce or legal separation and when one spouse dies.<\/p>\r\n

In California, if one spouse dies without a will ("intestate"), the other spouse inherits all the community property and one-half the decedent’s separate property. California probate law<\/a> prohibits disinheriting spouses unless they receive assets outside the will.<\/p>\r\n

Like most community property states<\/a>, California includes all property acquired during marriage in any division of property. This includes income earned during marriage and separate property mixed or commingled with the marital assets.<\/p>\r\n

This article reviews the specifics of California laws on separate and community property. FindLaw’s Community Property Overview<\/a> and Divorce Property Division FAQ<\/a> sections have additional information.<\/p>\r\n

Community Property vs. Separate Property<\/b><\/h2>\r\n

California is one of nine community property states. All other states use equitable distribution<\/a> in divorce settlements. Equitable division considers factors such as the duration of the marriage and the needs of each spouse during the division of community property.<\/p>\r\n

In a California divorce, the courts divide all community property 50\/50 between the parties. Community property<\/b> may include:<\/p>\r\n