Is it possible to divide the community property?

Full question:

My husband and I live in California. We jointly own a community property ever since we got married. Is it possible to divide the community property between the both of us into personal and individual property?

Category: Husband and Wife
Subcategory: Community Property
Date: 04/07/2025
State: California

Answer:

Yes, In California, the court has the jurisdiction, upon request of the parties to divide the jointly owned community property into separate property.

Per California Family Code §2650:

“In a proceeding for division of the community estate, the court has jurisdiction, at the request of either party, to divide the separate property interests of the parties in real and personal property, wherever situated and whenever acquired, held by the parties as joint tenants or tenants in common. The property shall be divided together with, and in accordance with the same procedure for and limitations on, division of community estate.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What assets cannot be split in a divorce in California?

In California, certain assets may not be split during a divorce. These include gifts or inheritances received by one spouse, property acquired before marriage, and assets explicitly designated as separate property in a prenuptial agreement. Additionally, any property that has been agreed upon by both parties to remain separate cannot be divided. It's essential to document and prove the nature of these assets to ensure they are classified correctly during the divorce proceedings.

How long do you have to be married in California to get half of everything?

In California, there is no specific duration required to qualify for half of the community property in a divorce. All community property acquired during the marriage is typically subject to equal division, regardless of the length of the marriage. However, the court may consider the duration of the marriage when determining spousal support and other factors.

How long do you have to be married to get half of retirement in California?

In California, retirement benefits earned during the marriage are considered community property and are subject to division in a divorce. There is no minimum duration of marriage required to claim half of the retirement benefits. The division is based on the amount earned during the marriage, regardless of how long the couple has been married.

What is the 10 year rule in California for marriage?

The 10-year rule in California refers to a guideline for spousal support. If a couple has been married for 10 years or longer, the court may consider this a long-term marriage, which can affect the duration and amount of spousal support awarded. While it does not guarantee support, it often leads to more favorable outcomes for the lower-earning spouse.

How is community property divided in a divorce in California?

In California, community property is divided equally between spouses during a divorce. This includes all assets and debts acquired during the marriage. The court will assess the community estate and may also consider factors like the length of the marriage and each spouse's contributions. However, separate property, which includes gifts and inheritances, remains with the original owner and is not subject to division.

Do I get half of everything in divorce in California?

In California, you are entitled to half of the community property acquired during the marriage, but not necessarily half of everything. Community property includes assets and debts acquired while married. Separate property, such as gifts or inheritances, is not divided. Therefore, it's important to distinguish between community and separate property when considering what you may receive in a divorce.