California Law For Community Property
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FAQ
760. Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.
The property belongs to you both equally. Community property is: Anything you earned while married. Anything you bought with money you earned while married. Debt you take on while married.
California family law does not establish a specific period that the couple must be married before they obtain the right to half of the marital property. In addition, the spouses will not get half of everything; they will only have 50% of jointly acquired property and debts during the marriage.
Prenuptial Agreement and Postnuptial Agreement This agreement specifies which assets belong to each party in case of a divorce. Those assets do not fall under community property law. A postnuptial agreement is another legal tool that couples can use to opt out of California's community property laws.
The California Family Code section 760 states that except otherwise provided by statute, all property, real or personal, acquired by a married person during the marriage is community property.