Quick answer: California is a community property state. Property acquired during the marriage while domiciled in California is community property, and in a dissolution or legal separation the court divides the community estate equally, unless the spouses agree otherwise in writing or by oral stipulation in open court, or another provision of the division chapter applies. Equal division means equal in overall value, not that every asset is split in half. Separate property stays with its owner, and a spouse who traced separate funds into community property is generally reimbursed.
What the California statutes say
- Community property. Except as otherwise provided by statute, all property acquired by a married person during the marriage while domiciled in California is community property (Family Code 760).
- Separate property. Property owned before marriage, property acquired after marriage by gift, bequest, devise or descent, and the rents, issues and profits of that property (Family Code 770).
- Equal division. The court divides the community estate of the parties equally, in its judgment or later if it expressly reserves jurisdiction (Family Code 2550).
- Reimbursement. Contributions to acquiring community property that are traced to a separate property source are reimbursed, without interest, not exceeding the net value of the property, unless waived in writing (Family Code 2640).
How the calculator works
You enter the community assets and debts each spouse holds, any traced separate-property contributions and separate property. The calculator adds up the community estate, takes reimbursements first, divides the rest and shows the equalizing payment. The slider starts at 50% because the statute requires equal division; move it only to test an agreement between the spouses. Nothing here predicts what a judge will order. The reasoning is in how California divides community property, community versus separate property and the marital home and buyouts.
Property and spousal support
The obligations and assets of each party, including separate property, are among the circumstances the court considers for spousal support. See the California spousal support calculator.
Property division across California
The statutes apply in every superior court, from Los Angeles, San Diego, San Jose, San Francisco, Sacramento or Fresno. The court divides the community estate in its judgment, or at a later time if it expressly reserves jurisdiction to make the division.
Frequently asked questions
Is California a community property state?
Yes. Property acquired by a married person during the marriage while domiciled in California is community property under Family Code 760, and the IRS lists California among the nine community property states.
Does California split property 50/50 in a divorce?
The court divides the community estate equally, unless the spouses agree otherwise in writing or by oral stipulation in open court, or another provision applies. Equal means equal overall, not that each asset is split.
Is an inheritance divided in a California divorce?
No. Property acquired after marriage by gift, bequest, devise or descent is separate property, along with its rents, issues and profits.
Is property I owned before marriage divided in California?
No. Property owned before the marriage is separate property under Family Code 770, though contributions of separate funds to community property can be reimbursed under Section 2640.
Can I be reimbursed for separate money used to buy a community home?
Yes, to the extent you trace the contribution to a separate source, unless you waived reimbursement in writing. The amount is without interest and cannot exceed the property's net value.