Is California a Community Property State?

Gabriel Katzner - July 15, 2024 - Asset Protection
Is California a Community Property State?

What is a community property state?

States are classified as either community property states or equitable distribution states. California is a community property state.

  • Community property state: With some limited exceptions, all marital property that either spouse acquires during a marriage in a community property state, such as California, belongs equally to both spouses.
  • Equitable distribution state: In these states, courts attempt to divide property fairly but not always equally. Factors such as which partner contributed more assets to the marriage may be considered.

Is California a community property state?

Yes, and therefore, it is important to understand the implications of living in a community property state before getting married or registering as a domestic partner.

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Which states are community property states?

Besides California, the following states are classified as community property states:

  • Wisconsin
  • Texas
  • Washington
  • New Mexico
  • Arizona
  • Idaho
  • Florida
  • Louisiana

What’s the difference between community property and separate property?

Community property states equally divide the marital property, assets, and debts acquired by partners between the date of marriage or registering as a domestic partner and legally separating. Personal property, real estate, bank accounts, income, retirement accounts, and debt acquired during marriage are all considered community property in California.

Separate property is any property or debt that one partner brought into the marriage or relationship and kept separate from marital property. Inheritances and gifts acquired during marriage may also be considered to be separate property. Each partner may sell or make use of their personal property any way they want without needing their partner’s consent.

What's the difference between community property and separate property?

Can spouses choose not to follow community property laws in California?

If you and your spouse have a prenuptial or postnuptial agreement, your agreement may override California’s community property laws. However, these agreements must follow requirements for the division of assets and cannot be fraudulent or made under duress.

To maintain control over the division of their assets, many couples draft their own settlement agreements and pursue an uncontested divorce. An uncontested divorce is typically cheaper and less stressful than a contested divorce handled by the courts.

If you live in California and have assets and property that you want to keep separate from community property, consult with your California-based estate planning attorney. After learning your long-term financial and estate planning goals, they can help you develop strategies to protect your hard-earned assets in the event of a divorce or death.

What factors are considered when dividing property in California?

The length of your marriage may influence the division of property in California. Long-term marriages lasting more than 10 years can result in a more equal division of property than shorter-term marriages. Courts may also consider each spouse’s contribution to marital property and their earning capacity.

Assets acquired prior to marriage are considered separate property. If separate property is combined with community property acquired during marriage, it becomes more complicated to determine what is separate and what is shared.

A prenuptial or postnuptial agreement outlines the division of assets in a divorce. These agreements can override community property laws.

In cases of misconduct or domestic violence, the court may order an unequal division of the couple’s assets.

Do unmarried partners living together have community property rights?

Community property laws in California do not cover cohabiting with unmarried partners. These laws only apply to married couples or partners who are registered as a domestic partnership.

When dividing property in California, what points should you consider?

Before entering into a marriage or a registered domestic partnership in California, it is important to answer the following questions:

  • What property, assets, and debts does each partner bring into the marriage or domestic partnership?
  • Do you and your partner have all the necessary proof of ownership documents, such as deeds, titles, and account statements?
  • Do you intend to have a prenuptial agreement outlining the partners’ ownership of all separate and community property?
  • Have you considered the tax implications of separate and community property ownership?
  • Are your wills and trust documents current?

Divorce is a stressful process, and how to divide assets and property fairly and equitably is a huge concern for both partners. California is a community property state. This implies that partners split property, assets, and debts acquired during the marriage equally.

In some cases, spouses or registered domestic partners do not want or should not have to divide their assets equally. They may have owned separate property prior to marriage or received a sizable inheritance or gift during marriage. Community property laws are complex. At times, it can be difficult to definitively classify a property as separate or community property.

If you have questions about community property laws in California or want to learn about how to protect your assets and property with a comprehensive set of estate planning tools, contact us.

You can schedule a call with us or reach us directly at 855.631.3457 to learn more about how to best plan today to protect those most important to you.

Gabriel Katzner

In 2002, Gabriel Katzner, the founding partner of Katzner Law Group received his Juris Doctorate with honors from the Fordham University School of Law. After spending the first 7 years of his legal career
practicing at Cahill Gordon & Reindel LLP, an international law firm based in New York, he went on to found his own firm.

Gabriel Katzner has a track record, along with a vast number of outstanding public reviews across platforms, of working hard on behalf of individuals who need assistance with comprehensive
estate planning services. Finding a lawyer who is knowledgeable about revocable and irrevocable trust planning, guardianship for minor children, asset protection, trust administration and probate,
as well as Medi-Cal / Medicaid planning is extremely important.

Years of experience: More than 17 years
Locations: New York, NY / San Diego, CA



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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. Furthermore, it has received approval from attorney Gabriel Katzner, an experienced estate planning lawyer with over 17 years of legal expertise.

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