Property Division

California is one of the nine states that using community property rule. Dividing assets via community property is the result of the Uniform Marital Property Act of 1983. This made the division of property during divorce easier, as even homes were considered 50/50.

Proper valuation is necessary to ensure that your assets are distributed fairly. It is also necessary to determine what assets, if any, one party owned before the marriage. These are pretty big factors. Assets can include vehicles, homes, jewelry, antiques, art, businesses, retirement accounts, and investment accounts.

In California, during a divorce and property division, the court will look at:

• The overall length of the couple’s marriage


• The income and property of each spouse


• The non-financial contributions of each spouse


• The age, health & earning capacity of both spouses


• Whether or not spousal support was awarded


• The liquid & non-liquid nature of the property involved

What Property Am I Entitled to in a Divorce?

Under California community property laws, only your “marital property” will be divided during a divorce in California. This means that you and your spouse will get to keep any separate property that was brought into the marriage. That means you can keep your separate property; 1) acquired by spouse prior to the marriage; 2) Received by one spouse as an inheritance or gift; 3) Acquired as compensation for a personal injury; 4) Characterized as such in a prenuptial agreement

Marital property includes any assets that were acquired during the marriage, regardless of who holds the title. With few exceptions, this may include both spouses' income, purchases made with that income, and retirement benefits.