--- title: "Property Division (Community and separate)" description: "Property Division in a California Divorce https://youtu.be/h6NdN_qgfMQ?si=ntDGd3_ODb8Gq4JqOne big concern for couples going through a divorce in California is how to divide their stuff. California..." url: https://thecompletedivorce.com/property-division-community-and-seprate/ date: 2023-05-23 modified: 2025-11-07 author: "Dina Haddad" image: https://thecompletedivorce.com/wp-content/uploads/2023/09/Property-Division-in-Ca-divorce.webp type: page lang: en --- # Property Division (Community and separate) # Property Division in a California Divorce https://youtu.be/h6NdN_qgfMQ?si=ntDGd3_ODb8Gq4JqOne big concern for couples going through a divorce in California is how to divide their stuff. California follows a rule where things you get during your marriage are usually seen as shared things, even if they're in just one person's name. This means they might get divided when you divorce or separate, even if only one person's name is on them. This rule applies to many things like: - [Dividing Debts in a California Divorce](https://thecompletedivorce.com/dividing-debts-in-a-california-divorce/) - [Dividing Employee Stock Plan Accounts in a California Divorce](https://thecompletedivorce.com/employee-stock-plan-accounts-in-a-california-divorce/) - [Dividing Household Items in a California Divorce](https://thecompletedivorce.com/divide-household-items-in-a-ca-divorce/) - [How to Divide Community Property in a California Divorce](https://thecompletedivorce.com/divide-community-property-in-a-california/) - [How to Prove Your Separate Property in a CA Divorce](https://thecompletedivorce.com/how-to-prove-your-separate-property-in-a-california-divorce/) - [Options for Dividing the Family Home in a California Divorce](https://thecompletedivorce.com/dividing-property-in-a-california-divorce/) ## Separate vs. Community Property in a Ca Divorce: 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 separate, although you may be required to pay support based on your earnings after you separate. Gifts or inheritances are separate property even if received while married. Any increases to the value of the 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. 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. ## Talk to an expert California Family Law Attorney for help: You can talk to an experienced [California Family Law Attorney](https://thecompletedivorce.com/about-us/) who knows a lot about this stuff. Some divorces can be really tricky, so it's not a great idea to figure out how to split things all by yourself. Getting help from someone who knows what they're doing can be a big help. Also, sometimes couples do things with their stuff that's different from the usual rules, or they agree to change the rules with a special agreement before they get married. If your situation is like this and you're not agreeing on what to do with your things, it's smart to talk to a California Family Law Attorney who knows all about it, especially someone from [TheCompleteDivorce](https://thecompletedivorce.com/). ## Divorce Step Guide - [ Complete Online Divorce in California ](https://thecompletedivorce.com/complete-online-divorce-in-california/) - [ Starting a Divorce ](https://thecompletedivorce.com/starting-a-ca-divorce/) - [ Filling Divorce Petition and Responses ](https://thecompletedivorce.com/filing-and-responding-ca-divorce-petition/) - [ Child Support ](https://thecompletedivorce.com/child-support/) - [ Child Custody ](https://thecompletedivorce.com/child-custody/) - [ Spousal Support ](https://thecompletedivorce.com/spousal-support/) - [ Declaration of Disclousers ](https://thecompletedivorce.com/declaration-of-disclosures/) - [ Property Division ](https://thecompletedivorce.com/property-division-community-and-seprate/) - [ Divorce of Judgment ](https://thecompletedivorce.com/divorce-of-judgment-msa/) ## Get Help Today ## Frequently Asked Questions What are the keys to a successful divorce? Here at **TheCompleteDivorce.com**, we believe that if you are educated about the law and have instructions on the CA divorce process, you have what you need to have a successful divorce. This way you stay in control of your divorce process and not the lawyers or judge. How do I know I'm making the right decision? You will need to make a lot of decisions in your divorce. Some may be obvious and others hard. Some will be guided by the law and others because you and your spouse agreed that was the best way to settle it. However you make the decision, it’ll be right for you if you are the one making them. The only way to do that is if you stay in control of your divorce and not give that right to a judge. How can I keep my divorce private and confidential? Divorce is a private matter, but in California the process itself is public. This means what you file is public and any court hearings are public. The best option is to avoid the public nature of divorce by avoiding court hearings and trial, and limiting what you file to what is necessary. Why would I prefer thecompletedivorce.com? Because [thecompletedivorce.com](https://thecompletedivorce.com/) offers the most affordable divorce with the help of our experienced Divorce attorneys who have more than 15 years of experience. You can also do it yourself (DIY Divorce) through **thecompletedivorce **web application. Because we understand that the divorce process is extremely traumatic, our tool can handle all of your divorce burdens. Here at **TheCompleteDivorce.com**, we believe that if you are educated about the law and have instructions on the CA divorce process, you have what you need to have a successful divorce. This way you stay in control of your divorce process and not the lawyers or judge. You will need to make a lot of decisions in your divorce. Some may be obvious and others hard. Some will be guided by the law and others because you and your spouse agreed that was the best way to settle it. However you make the decision, it’ll be right for you if you are the one making them. The only way to do that is if you stay in control of your divorce and not give that right to a judge. Divorce is a private matter, but in California the process itself is public. This means what you file is public and any court hearings are public. The best option is to avoid the public nature of divorce by avoiding court hearings and trial, and limiting what you file to what is necessary. Because [thecompletedivorce.com](https://thecompletedivorce.com/) offers the most affordable divorce with the help of our experienced Divorce attorneys who have more than 15 years of experience. You can also do it yourself (DIY Divorce) through **thecompletedivorce **web application. Because we understand that the divorce process is extremely traumatic, our tool can handle all of your divorce burdens. Can the divorce cost me hundreds of thousands of dollars? A traditional divorce can cost you this much! Lawyers work on time, both efficient and inefficient use of it. Unfortunately, the court process is filled with rules and procedures that lawyers have to follow. That ends up costing you the lawyers spending your money on the procedure, not getting you a great settlement or educating you on the law. For most lawyers, it’ll take a minimum of one year before they will work on a settlement or go to trial on your case! With [**TheCompleteDivorce.com**](https://thecompletedivorce.com/), you can go step by step with your comfort level at the **cheapest** rate. Do I need a lawyer for Divorce in California? You don’t need a lawyer but you might need one. It’s a personal decision and depends on the complication of your case. If you get a lawyer, the best way to use one is to help you with complicated situations, to help you create a winning strategy that keeps you out of court, or to review your final agreement. By using [**TheCompleteDivorce.com**](https://thecompletedivorce.com/), you can have educated conversations with your experienced divorce attorney so you can stay in control of your divorce or just use the lawyer to review your work. Talk about huge cost savings! Can I get a divorce on my own without a lawyer in 2023? **Yes**! Now with **TheCompleteDivorce.com**, I’m proud to say that people like you can and have successfully finished their CA divorce on their own. **TheCompleteDivorce** Program is designed so you can go through the entire divorce process not only on your own but finish successfully. Follow our [**step-by-step**](https://www.youtube.com/watch?v=c2biLReRyKE&ab_channel=DinaHaddad) instructions on your time wherever you are! Is it possible to avoid court in California Divorce? **Yes**! You do not have to go to court to divorce in California. You can do your entire divorce without ever stepping foot in a courtroom and do much better than those that do, California state law does not require you to appear in court for a divorce. In fact, you want to avoid court at all costs. Even Divorce lawyers avoid court for their own divorces and settle out of court. What forms do I need to file for Divorce in California? Every CA divorce requires that you file the initial papers called the Petition for Dissolution of Marriage. You also must file your Divorce judgment packet. This includes the [**FL-141**](https://youtu.be/yxqf35GZ3oM), Declaration Regarding Service of Declaration of Disclosure, and the [**FL-180**](https://youtu.be/x1ZPzusNU5w), Judgment. It should also include your final divorce agreement, either using the [**FL-180**](https://youtu.be/x1ZPzusNU5w) attachments or writing a Marital Settlement Agreement. (MSA). Instructional videos are provided for all required forms in our course, “**TheCompleteDivorce.com**,” as well as a sample MSA. Your local county may also require that you file the [**FL-150**](https://youtu.be/ZA1_hl7w82I), Income & Expense Declaration, which is also provided in our course. You may have additional local forms to file. You can learn more in our Local County Forms Primer. How do I fill out the forms that need filing? You will need to access a fillable version of the Ca Divorce form. [**You can do so at the court website here**](https://selfhelp.courts.ca.gov/divorce-forms). Few forms have court-provided instructions. You can find those with the form name “INFO.” If you need additional instruction, [**check out one of our courses!**](https://thecompletedivorce.com/tutorials/) What if I can't do my divorce on my own? Without the right resources, it is very difficult to do your divorce on your own. If you do, it’s often about checking the right box and hoping the court clerk will accept your papers. It ends up taking a long time because your papers may get rejected and you have to do them again, wait in long lines, and work it into your life schedule. With **TheCompleteDivorce.com**, we help you by taking you through a step-by-step process that you can do wherever you are and whenever you have time. If you have other problems that you cannot do on your own, we believe the next best option is to mediate. If you have a very complicated case or an uncooperative spouse, you may also have to litigate (go to court). If you do, you want to stay in control of your divorce process by being well-informed and looking for creative ways and opportunities to reach an agreement. A traditional divorce can cost you this much! Lawyers work on time, both efficient and inefficient use of it. Unfortunately, the court process is filled with rules and procedures that lawyers have to follow. That ends up costing you the lawyers spending your money on the procedure, not getting you a great settlement or educating you on the law. For most lawyers, it’ll take a minimum of one year before they will work on a settlement or go to trial on your case! With [**TheCompleteDivorce.com**](https://thecompletedivorce.com/), you can go step by step with your comfort level at the **cheapest** rate. You don’t need a lawyer but you might need one. It’s a personal decision and depends on the complication of your case. If you get a lawyer, the best way to use one is to help you with complicated situations, to help you create a winning strategy that keeps you out of court, or to review your final agreement. By using [**TheCompleteDivorce.com**](https://thecompletedivorce.com/), you can have educated conversations with your experienced divorce attorney so you can stay in control of your divorce or just use the lawyer to review your work. Talk about huge cost savings! **Yes**! Now with **TheCompleteDivorce.com**, I’m proud to say that people like you can and have successfully finished their CA divorce on their own. **TheCompleteDivorce** Program is designed so you can go through the entire divorce process not only on your own but finish successfully. Follow our [**step-by-step**](https://www.youtube.com/watch?v=c2biLReRyKE&ab_channel=DinaHaddad) instructions on your time wherever you are! **Yes**! You do not have to go to court to divorce in California. You can do your entire divorce without ever stepping foot in a courtroom and do much better than those that do, California state law does not require you to appear in court for a divorce. In fact, you want to avoid court at all costs. Even Divorce lawyers avoid court for their own divorces and settle out of court. Every CA divorce requires that you file the initial papers called the Petition for Dissolution of Marriage. You also must file your Divorce judgment packet. This includes the [**FL-141**](https://youtu.be/yxqf35GZ3oM), Declaration Regarding Service of Declaration of Disclosure, and the [**FL-180**](https://youtu.be/x1ZPzusNU5w), Judgment. It should also include your final divorce agreement, either using the [**FL-180**](https://youtu.be/x1ZPzusNU5w) attachments or writing a Marital Settlement Agreement. (MSA). Instructional videos are provided for all required forms in our course, “**TheCompleteDivorce.com**,” as well as a sample MSA. Your local county may also require that you file the [**FL-150**](https://youtu.be/ZA1_hl7w82I), Income & Expense Declaration, which is also provided in our course. You may have additional local forms to file. You can learn more in our Local County Forms Primer. You will need to access a fillable version of the Ca Divorce form. [**You can do so at the court website here**](https://selfhelp.courts.ca.gov/divorce-forms). Few forms have court-provided instructions. You can find those with the form name “INFO.” If you need additional instruction, [**check out one of our courses!**](https://thecompletedivorce.com/tutorials/) Without the right resources, it is very difficult to do your divorce on your own. If you do, it’s often about checking the right box and hoping the court clerk will accept your papers. It ends up taking a long time because your papers may get rejected and you have to do them again, wait in long lines, and work it into your life schedule. With **TheCompleteDivorce.com**, we help you by taking you through a step-by-step process that you can do wherever you are and whenever you have time. If you have other problems that you cannot do on your own, we believe the next best option is to mediate. If you have a very complicated case or an uncooperative spouse, you may also have to litigate (go to court). If you do, you want to stay in control of your divorce process by being well-informed and looking for creative ways and opportunities to reach an agreement.