May 29, 2020

California is a community property state, meaning that all property is considered either “community” or “separate” property. At the time of divorce, the courts will divide all community property equally between the parties. Community property is property that is acquired during marriage, other than by gift to one or the other of the parties or by inheritance. Separate property is property that is acquired before marriage and after separation and by gift or inheritance during marriage. Although these definitions may seem to be simple, characterization of property as community or separate property, on divorce — especially accounts and other property that have been comingled — can be a complicated process.