What Is Community Property?

California law defines community property as any asset acquired or income earned by a married person while living with his or her spouse. Separate property is defined as anything acquired by a spouse before the marriage, or during the marriage by gift, devise or bequest. The law requires that the community estate be divided equally if there is no written agreement to the contrary. This means that from the total fair market value of the community assets, the joint obligations of the parties are subtracted, yielding the net community estate. Unless agreed otherwise, each spouse must receive 1/2 of the net community estate.

Other California Family Law FAQs

Q: What Is An Annulment?
A: An annulment in the legal sense is NOT the same thing as an annulment in the religious sense. A legal annulment means that the marriage was invalid from its inception … More
Q: What Are The Grounds For Divorce In The State Of California?
A: California was the first state to implement the nofault divorce concept. In California, a dissolution of marriage (divorce) can be granted if the court finds … More
Q: Are There Any Residency Requirements For Filing A Divorce?
A: Prior to filing a petition for a divorce, one of the spouses has to have been a resident of the state for a continuous six months and of the county for a continuous … More
Q: Can I Get Part Of My Spouse's Pension And Employment Benefits?
A: To the extent that a married person accumulates an interest in a pension, retirement, profit sharing or other employee benefit plan during the marriage, it is … More
Q: How Do Courts Award The Family Residence?
A: Where minor children are involved, the custodial parent is normally allowed to live in the residence with the children for a specified period of time after the divorce … More
Q: How Do The Courts Handle Educational Degrees And Professional Licenses Acquired During The Marriage?
A: In California, if a spouse has earned a college degree or a professional license, the community estate is entitled to be reimbursed for the costs of acquiring the … More
Q: The Child Support Enforcement Program
A: The Child Support Enforcement Program, authorized under Title IVD of the Social Security Act, provides services to assist parents in their mutual obligation to … More
Q: Statement Of Nondiscrimination
A: It is the policy of the State of California to ensure that all individuals are treated equally and that no person shall, on the basis of race, color, national origin, … More
Q: The Child Support Process
A: Anyone who has a child support and/or a medical support order, or wants to establish one, can apply for child support enforcement services by completing an application … More
Q: How The Local Child Support Office Can Help You
A: Every county has a FSD or local child support agency that provides child support services on behalf of the state of California. The FSD or local child support agency … More