--- title: "Community property states| What it is and how it works?" description: "In divorce, how assets and debts are divided is subject to a number of laws. Assets being what you own and debts are what you owe. Since laws are the same for assets and debts, I’ll refer to both collectively as property. How property is divided depends on its character..." url: https://thecompletedivorce.com/community-property-states-in-ca-divorce/ date: 2023-03-15 modified: 2026-06-03 author: "Dina Haddad" image: https://thecompletedivorce.com/wp-content/uploads/2023/08/Community-Property-in-a-California-Divorce.jpg categories: ["Assets"] type: post lang: en --- # Community property states| What it is and how it works? Contents - [ Take Control of Your Divorce ](#Take%20Control%20of%20Your%20Divorce) Online Divorce Divorce smartly without a lawyer. Save yourself $10,000+. [ Start My Divorce ](https://buy.stripe.com/bJe8wO4Inbryg8y2Ar3ZK01) - 100% Legit Divorce Program # What is Community Property in Ca Divorce? Dina Haddad Founder & Attorney Mediator [ Facebook ](https://www.facebook.com/thecompletedivorce/) [ Linkedin ](https://www.linkedin.com/in/dinahaddad/) [ X-twitter ](https://twitter.com/MediatorDina) [ Youtube ](https://www.youtube.com/@divorcewithdina) [ Tiktok ](https://www.tiktok.com/@divorcewithdina) I’m Dina Haddad, a family law attorney-mediator in California. I’m so tired of couples not having a process that’s easy to complete their divorce. They are getting lost, wasting time and money, and beyond frustrated with their results.That’s why I created [The Complete Divorce](https://thecompletedivorce.com/). I took my successful mediation practice and condensed it into an affordable and winning program. ![](https://thecompletedivorce.com/wp-content/uploads/2026/01/Dina-Haddad-1.webp) [ View Profile ](https://thecompletedivorce.com/about-us/) In divorce, how assets and debts are divided is subject to a number of laws. Assets being what you own and debts are what you owe. Since laws are the same for assets and debts, I’ll refer to both collectively as property. How property is divided depends on its character. There are two types of character, separate property, and community property. Separate property belongs to one spouse, and community property belongs to both. Whether the property is separate or community mostly depends on when you got it. If you received property before you got married or after your date of separation, it is your separate property. This includes the money you earn after you separated, although you may be required to pay support based on your earnings after you separate. Gifts or inheritance is separate property even if received while married. And any increases to the value of a separate property during the marriage, including any appreciation, profits, or rental income, is considered separate property, even though the increased value occurred during the marriage. ![Community Property in a California Divorce](https://thecompletedivorce.com/wp-content/uploads/2023/08/Community-Property-in-a-California-Divorce.jpg) All other property received during the marriage is community property and divided equally between the spouses. This includes the salary you earned while you were married because California views marriage as a partnership. If you saved your salary or used it to make a purchase, your savings and what you purchased with your salary are community property too. In the rare situation that you have less than $5,000 in community property and you cannot locate your spouse, the court has the power to award all of the community property to you. Otherwise, unless you have another agreement with your spouse, like a prenup, these property laws apply to you. You can agree not to follow them, but if doing so favors one of you more than the other, the spouse getting a bad deal will have an incentive to go to court or not sign the divorce agreement. It’s better to negotiate with an understanding of the property laws, so you can use your knowledge to offer a proposal that is more likely to end in agreement. ## Take Control of Your Divorce At The Complete Divorce, we provide you with what you need to successfully do your California divorce on your own. We provide all the required family law court forms in our automated forms program, all the video tutorials, and an automated customizable Marital Settlement Agreement (Divorce Agreement). If you need more help, you can get our package which includes time with a divorce mediator. Before you go, consider if we can help you. We have helped thousands of couples in California. Our guided DIY divorce is successful and cheap! Our services are all 5-star! California premier divorce program. Making California divorce simple and lawyer-free. - Filing & Review Support - 1-on-1 Divorce Meeting - Child support calculations - MSA Filing Support ![](https://thecompletedivorce.com/wp-content/uploads/2025/07/google-icon.png)⭐⭐⭐⭐⭐ 2000+ divorced without a lawyer.  [ Start Divorce ](https://buy.stripe.com/bJe8wO4Inbryg8y2Ar3ZK01) You may also be interested in [![Divorce mediation in California](https://thecompletedivorce.com/wp-content/uploads/2023/07/What-is-Divorce-Mediation.jpg)](https://thecompletedivorce.com/divorce-mediation-in-a-california/) [ What is Divorce Mediation in a California? ](https://thecompletedivorce.com/divorce-mediation-in-a-california/) In mediation, you and your spouse work with a mediator [ Read more » ](https://thecompletedivorce.com/divorce-mediation-in-a-california/) Dina Haddad March 16, 2023 [![Amicable Divorce guide 2026](https://thecompletedivorce.com/wp-content/uploads/2026/06/Amicable-Divorce.webp)](https://thecompletedivorce.com/amicable-divorce-california/) [ What Is an Amicable Divorce in California? (2026 Guide) ](https://thecompletedivorce.com/amicable-divorce-california/) In California, ending a marriage doesn’t have to mean conflict, [ Read more » ](https://thecompletedivorce.com/amicable-divorce-california/) Dina Haddad June 30, 2026 [![Separate Property in a California Divorce - Property Division](https://thecompletedivorce.com/wp-content/uploads/2023/08/dividing-separate-property-in-a-CA-divorce.jpg)](https://thecompletedivorce.com/how-to-prove-your-separate-property-in-a-california-divorce/) [ Unveiling the Secrets: How to Prove Your Separate Property in a California Divorce ](https://thecompletedivorce.com/how-to-prove-your-separate-property-in-a-california-divorce/) Community and Separate Property in a California divorce can pose [ Read more » ](https://thecompletedivorce.com/how-to-prove-your-separate-property-in-a-california-divorce/) Dina Haddad March 15, 2023 « Previous Page1 [Page2](https://thecompletedivorce.com/community-property-states-in-ca-divorce.md/page/2/) [Page3](https://thecompletedivorce.com/community-property-states-in-ca-divorce.md/page/3/) [Page4](https://thecompletedivorce.com/community-property-states-in-ca-divorce.md/page/4/) [Page5](https://thecompletedivorce.com/community-property-states-in-ca-divorce.md/page/5/) [Next »](https://thecompletedivorce.com/community-property-states-in-ca-divorce.md/page/2/)