What is considered separate property in California? Separate property is a type of property that one spouse obtained prior to or outside of the marriage, such as a gift from a friend, while community property generally encompasses all property acquired by either spouse during the course of a marriage.
What is considered separate property in a divorce in California? Separate Property in California. In summary, the definition of separate property is any asset owned entirely by one spouse. Community property includes any assets owned equally by both spouses (typically acquired during the marriage).
How does separate property become marital property in California? A premarital bank account belonging to one spouse can become marital property if the other spouse makes deposits to it; a house owned by one spouse alone can become marital property (either in whole or in part) if both spouses pay the mortgage and other expenses.
Can you divorce in California without splitting assets? California uses a community property standard for asset division when couples divorce. While the law mandates fair division, however, it does not require a 50/50 split of marital assets and debt.