California is a community property state, which means most property and debts acquired during the marriage are generally divided equally between spouses. But not everything you own is divided. Property you owned before marriage, inheritances, gifts made specifically to one spouse, and certain other assets are usually considered separate property and typically stay with the original owner. One of the first steps in California divorce property division is determining what is community property and what is separate property. Our guide to navigating asset division in a California divorce explains how courts classify and divide different types of property.

Yes. California follows community property laws, which generally provide that property and debts acquired during the marriage belong equally to both spouses, regardless of whose name is on the title or account. Separate property is usually not divided unless other legal issues affect it.

Community property generally includes most income, assets, and debts either spouse acquires during the marriage before they separate. This can include paychecks, retirement savings earned during the marriage, bank accounts, investments, vehicles, and many types of debt. In California, these are often considered community property even if only one spouse's name is on the account, loan, or title.

Separate property generally includes property you owned before you got married, gifts made specifically to you, inheritances, and assets you acquired after you separated. In most cases, separate property is not divided in a California divorce. However, if separate property is mixed with community property or community funds are used to increase its value, determining how it should be treated can become more complicated.

There's no automatic rule that one spouse keeps the house. Depending on your family's circumstances, the home may be sold and the proceeds divided, awarded to one spouse, or offset by other community property so each spouse receives an equal overall share. The right option depends on factors like home equity, affordability, refinancing, and the rest of your property division. Our guide to who keeps the house in a California divorce explains the most common outcomes and what factors can affect them.

Often, yes. The portion of a retirement account earned during the marriage is generally considered community property and may be divided between spouses. Many employer-sponsored retirement plans require a Qualified Domestic Relations Order (QDRO) before benefits can be divided.

Yes. Many couples reach their own property settlement instead of asking a judge to decide. If both spouses agree on how to divide their assets and debts, the court will generally approve the agreement as long as it meets California's legal requirements.

The California Courts Self-Help Guide for divorce includes official court forms, step-by-step instructions, and other resources that can help you understand the divorce process in California.

This calculator provides an estimate based on the information you enter and California's community property laws. It can help you understand how assets and debts are often divided, but it cannot account for every legal or financial issue that may affect your case. Use it as a starting point, not a prediction of what a court will order.