California Law Property With Community
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FAQ
Generally, it is not advisable to unilaterally empty a joint bank account before or during divorce proceedings, as doing so may have legal consequences and be considered improper behavior.
California is a community property state. In plain English, this means that generally, property acquired during the marriage by either spouse is presumed to be owned by each spouse equally.
California Family Code 760 states, "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 legality of withdrawing money before a divorce The law allows you to withdraw up to half of the money in a joint bank account before you get divorced. You must do this before you file for divorce, otherwise your accounts will be subject to full liquidation and the property division process.
If you took out a mortgage to buy a house while married, that debt is community property. You're both responsible for it. If you bought a car with money that only you earned while married, the car is community property even though the money used to pay for it was earned by you and not your spouse.