Who Gets What? Understanding Community vs. Separate Property in California Divorce
May 22 . 1 min read
Dividing assets during a divorce can quickly become one of the most complicated—and contested—issues. In California, which follows community property law, how assets and debts are categorized significantly determines who gets what. But what seems straightforward on the surface can become complex, especially when property is co-mingled, disputed, or acquired before or after the marriage.
At Feak & Revelo, LLP, our San Josefamily law attorneys help clients navigate the fine lines between community and separate property, ensuring their rights and interests are protected. Here’s what you need to know about how California courts divide property in divorce.
Community property refers to all assets and debts acquired by either spouse during the marriage.
In California, the law assumes that all earnings, purchases, and financial obligations acquired between the date of marriage and the date of separation belong equally to both spouses, regardless of whose name is on the paycheck or title.
Examples of community property may include, but are not limited to:
Income earned by either spouse during the marriage.
Homes, vehicles, or other assets purchased during the marriage.
Retirement accounts contributed to during the marriage.
Debts or loans taken out while married.
It’s important to understand that this 50/50 split isn’t just theoretical—courts will divide community property equally unless the parties reach a different agreement.
What Is Separate Property?
Separate property refers to assets or debts that belong to one spouse alone and are not subject to division in a divorce.
Understanding what qualifies as separate property is critical for protecting your financial future, especially in cases involving inheritances, gifts, or property owned before the marriage.
Separate property typically includes:
Assets owned by either spouse before the marriage.
Inheritances or gifts received by one spouse, even during the marriage.
Income or profits derived from separate property (with exceptions).
Property acquired after the official date of separation.
However, tracing and proving that an asset is truly separate property can be difficult if the asset has been mixed with community funds or used for joint purposes.
What Happens When Property Is Mixed?
Some property isn’t community or separate—it’s a blend. This is known as commingled property, and it can be one of the most challenging aspects of divorce to resolve.
For example, if one spouse owned a home before marriage but used joint income to pay the mortgage or make improvements, the house may have separate and community components. Untangling these interests requires detailed financial records, legal analysis, and sometimes expert valuation.
The court may use formulas (such as the Moore/Marsden calculation) to divide equity fairly, but only if the proper evidence is presented.
How Feak & Revelo, LLP Can Help
Dividing property in a California divorce isn’t always as simple as it sounds. Whether you’re concerned about protecting assets you owned before marriage or want to ensure a fair share of everything acquired during the relationship, it’s essential to have knowledgeable legal guidance.
At Feak & Revelo, LLP, we help San Jose and Santa Clara County clients understand community vs. separate property rules and fight for fair results. Contact us at (408) 501-8883 or reach out online today to schedule a consultation and learn what you are entitled to after your marriage ends.
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Samantha Feak was my attorney and she worked her butt off for me! I am proud to say that as of today I am finally divorced, and I couldn't have done it without her. She fought for me when I felt like I didn't have the strength to fight for myself any more, and she got it done. She made sure my divorce included a much needed restraining order to keep me safe from the physical and emotional abuse, and harassment from my ex husband. I cried tears of happiness when I got the call this morning it was finally
Natalie
I am thankful for Samantha, she is so calm yet impactful whereas I felt totally overwhelmed. I admire her abilities, and I’m very thankful for guidance in court.
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Emil
Attorney Revelo is professional, thorough, and smart. She understands all the nuances of the law regarding Divorce and Separation and I am grateful she took my case. She is efficient and caring all at once. I was able to get my divorce finalized in a little over six months. She made a court date and personally oversaw the final judgement. She is trustworthy, fair, and ultra-competent. I would recommend her to anyone seeking a divorce or separation. Attorney Revelo embodies excellence in her field of law.
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