What are the Laws in California About How Marital Property Will be Distributed After Divorce?
Marital property in California is categorized as either community property or separate property, also called non-community property. How the property is categorized will determine how it is distributed in the divorce. Community property is property that was acquired during the marriage other than by means of either an inheritance or a gift to one spouse, according to California Family Code section 760. Each spouse holds one-half interest in community property from the marriage. In a California divorce, all community property must be divided equally between the two parties. Separate property is property that was acquired by one spouse either before marriage or acquired during marriage by inheritance or given from a third party, according to California Family Code section 770. Also, property acquired during the marriage but after the parties have separated and started living apart is considered separate property. In a California divorce, separate property remains with the spouse who acqu
