There are three different forms of property under California law. Property includes assets and debts. Community property, quasi-community property and separate property. Community property is any and all property (assets and debts) acquired by a married person that is not separate property. Separate property is any and all property acquired by a person before marriage, after the date of separation, or during marriage by way of gift, bequest, devise, inheritance, or descent. Quasi-community property is property acquired during marriage when the parties are domiciled outside of California and the parties still maintain that property when they are divorced in California.

Here are some key points related to the division of marital property in California:

Community Property: In California, community property includes assets and debts acquired during the marriage, with some exceptions. This includes income earned, real estate, personal property, and other assets acquired by either spouse during the marriage.

Separate Property: Separate property consists of assets and debts owned or acquired by a spouse before the marriage or obtained during the marriage through gift or inheritance. Separate property is not subject to equal division in the event of divorce or legal separation.

Equal Division: California law generally presumes an equal division of community property and community debts between the spouses. This means that both spouses are entitled to 50% of the community assets and are responsible for 50% of the community debts. The goal is to achieve a fair and equitable distribution.

Characterization of Property: Determining whether a particular asset or debt is community property or separate property can be complex. Transmutation agreements, commingling of assets, and other factors can affect how property is characterized. Courts may consider various factors to make this determination.

Prenuptial and Postnuptial Agreements: Spouses can create prenuptial or postnuptial agreements that specify how property and debts will be divided in the event of divorce or legal separation. These agreements can outline different terms than those dictated by state law.

Dispute Resolution: If spouses cannot agree on the division of property, they may have to go through court proceedings. In such cases, a family court judge will make decisions regarding property division based on California law and the specific facts of the case.

Spousal Support: In addition to the division of property, California law allows for spousal support (alimony) to be awarded to one spouse by the other in certain cases. Factors like income, earning capacity, and the duration of the marriage may influence spousal support determinations.