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California Property Division

After filing divorce, the California divorce court needs to determine property distribution.

Protect your home during property division with a divorce attorney.

California follows community property law, which defines all marital property and marital debt as anything acquired from the date of the marriage until the cut-off date. Marital or community property and debt are split equally by the divorce court if the spouses aren't able to reach a property division agreement.

Under California divorce laws, property distribution for a divorce or legal separation considers all property acquired by the couple during the marriage in joint form. This presumption can be challenged by either spouse, but rebutting spouse has a burden of proof:

  • A statement in the deed or other documentary evidence of title that shows the acquired property is not marital property
  • Proof the couple made a written agreement that the property is separate, such as in a postnuptial agreement

A local divorce lawyer can further explain how California divorce laws will affect property division in your divorce. Learn how to protect what property is important to you and stop your spouse's debt from affecting your financial future. Speak to a local California divorce attorney by calling 877-349-1310 or filling out a California divorce case review.

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The above synopsis of California divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local California divorce lawyer in your area.

California divorce laws were last updated July 2009.

Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.