Skip to content

Is California a community property state?

Yes. California is a community property state: what spouses earn or acquire during the marriage, before separation, is community property, while property from before marriage, after separation, and gifts or inheritances is separate. Unless spouses agree otherwise, a judge generally divides community property equally.[1]

Property system
Community

Community property defined in Judicial Branch of California self-help guide, “Property and debts”[1]

At divorce
Equal

The statute calls for a 50/50 split · Judicial Branch of California self-help guide, “Property and debts”[1]

What California’s law says

We couldn’t read the statute text on the official code site, so these come from an official court source, named in each source line.

  1. Dividing property at divorce

    If the spouses do not agree on how to divide it, a judge will generally divide community property equally; each spouse keeps their separate property.[1]

    “But, if you do not agree on how to divide community property, a judge will generally divide your community property equally.”[1]

    Judicial Branch of California self-help guide, “Property and debts” · checked October 26, 2026

  2. Community property

    Community property is what the spouses own or owe together during the marriage.[1]

    “Community property is what you own or owe together during your marriage”[1]

    Judicial Branch of California self-help guide, “Property and debts” · checked October 26, 2026

  3. Separate property

    Separate property is what each spouse owns or owes from before marriage or after separation, plus gifts and inheritances received at any time.[1]

    “Separate property is what you each own or owe from before you got married or after you separated, and gifts or inheritance received any time”[1]

    Judicial Branch of California self-help guide, “Property and debts” · checked October 26, 2026

Not legal advice. Plain-English summaries of California’s statutes as of the date shown on each, with the text quoted. Whether a particular asset is marital, community or separate depends on the facts, and courts apply the law case by case. Read the linked source or ask a lawyer licensed in California.

Dividing property in California? Work it out with a court-listed mediator

A mediator is a neutral who helps you and your spouse reach your own agreement on property, support and parenting time. Every mediator we list comes from an official court or government roster, with the source on the profile.

Get matched — free137 family mediators in California

Counties with the most listed family mediators

All 1,997 mediators on California court rosters, every case type →

More

Compare nearby states

All states on the map →

Divorce in California

Sources

California’s statutes, read on the official site (or an official court source where the line says so), with the date we checked them.

  1. Judicial Branch of California self-help guide, "Property and debts" (California Courts Self-Help Guide)selfhelp.courts.ca.govchecked ↩