Community property and separate property in California

Start with the acquisition rule

Family Code section 760 supplies the starting presumption for property acquired during marriage while domiciled in California. Section 770 identifies separate property, including property owned before marriage and property acquired by gift, bequest, devise or descent.

The presumption is a starting point, not a result generator. Acquisition dates, the source of funds, post-separation earnings, commingling and written agreements can all matter.

Title is evidence, not the whole answer

A deed or account title matters, but California characterization does not generally collapse into the name printed at the top. Jointly titled property acquired during marriage also has a specific statutory presumption for division under section 2581. A claimed change of character raises the written express-declaration rule in section 852.

Build a trace, not a narrative

• Identify the acquisition date and every material transfer.
• Obtain statements covering the contribution and the acquisition, not only today’s balance.
• Separate a characterization claim from a reimbursement claim; they are not interchangeable.
• State what is unknown and the document that would resolve it.

Continue the workflow