California Property Division Calculator

California mandates a strict 50/50 equal division of all community property under Family Code § 2550. Unlike equitable distribution states where judges decide what is "fair," California courts must split community assets and debts exactly in half. Spouses can negotiate a different split only through a written Marital Settlement Agreement (MSA) or oral stipulation in open court.

Under Family Code § 760, all property acquired by either spouse during marriage while living in California is presumed community property. This includes wages, real estate, retirement contributions, business income, and stock options. Separate property under § 770 includes assets owned before marriage, gifts, and inheritances — but commingling separate funds with community funds can convert them.

California is one of only 9 community property states (along with Arizona, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin). Courts must divide community assets equally — 50/50 — rather than using the "equitable" (fair but not necessarily equal) standard applied in the other 41 states and DC. California also recognizes quasi-community property acquired in non-community-property states.

Retirement contributions made between the marriage date and the date of separation (Family Code § 70) are community property subject to equal division. Employer-sponsored plans like 401(k)s and CalPERS pensions require a Qualified Domestic Relations Order (QDRO) to divide without tax penalties. IRAs can be divided through the divorce judgment itself without a QDRO, citing Internal Revenue Code § 408(d)(6).

The marital home is community property if purchased during marriage, regardless of whose name is on the deed. Common options include selling and splitting proceeds equally, one spouse buying out the other's 50% interest, or deferred sale (often until children reach 18). Under Family Code § 2552, the home is valued as close to the trial date as practicable, which protects both parties from market fluctuations.

Yes — inheritances received by one spouse are separate property under Family Code § 770, even if received during marriage. However, if you deposit inherited funds into a joint account or use them to improve community property, commingling may convert some or all of the inheritance to community property. Keep inherited assets in a separate account with clear documentation to preserve their separate character.

Community debt — obligations incurred by either spouse during marriage — is divided equally under the same 50/50 rule that applies to assets (Family Code § 2550). This includes mortgages, credit cards, car loans, and tax liabilities. Debts incurred before marriage or after the date of separation are generally the separate obligation of the spouse who incurred them. Student loans taken during marriage may be assigned to the educated spouse under § 2641.

Unlike equitable distribution states, California courts do not weigh subjective factors like earning capacity or fault. The sole question is whether property is community or separate under Family Code §§ 760 and 770. Courts then divide community property equally per § 2550. However, fiduciary duty violations under § 1101 — such as hiding assets or unauthorized transfers — can result in 100% of the concealed asset being awarded to the other spouse as a penalty.