How Property Division Works in a California Divorce

August 28, 2025

How Property Division Works in a California Divorce

One of the most complex—and emotionally charged—parts of any divorce is deciding how to divide property. In California, the law presumes that most assets acquired during the marriage belong to both spouses equally. But in practice, the process of separating what’s “ours” from what’s “mine” isn’t always clear-cut.



At Salick Family Law Group, APLC, we help clients throughout Los Angeles County understand how California’s community property rules apply to their specific situation. Whether your case involves a family home, a small business, or a complex financial portfolio, we guide you with clarity and compassion every step of the way.


🏠 What Counts as Community Property in California?

Under California law, community property refers to almost anything earned, purchased, or acquired by either spouse during the marriage. This includes:


  • Real estate
  • Vehicles
  • Retirement accounts and pensions
  • Investment portfolios
  • Bank accounts
  • Businesses and intellectual property
  • Debts (such as credit cards, loans, and mortgages)


In general, each spouse is entitled to half of the net value of community assets and responsible for half of community debts. However, determining what’s community vs. separate property can be tricky.


📑 What Is Separate Property?

Separate property typically includes:


  • Assets or income acquired before the marriage
  • Inheritances or gifts received by one spouse during the marriage
  • Anything explicitly protected by a prenuptial or postnuptial agreement
  • Proceeds from separate assets (e.g., rent from a property you owned before marriage)


Problems arise when separate and community property become commingled, such as when one spouse uses personal funds to renovate the marital home, or when business value increases significantly during the marriage.


At Salick Family Law Group, we help trace these contributions and ensure you receive credit where credit is due.


💼 Valuing and Dividing Complex Assets

For high-asset divorces or those involving closely held businesses, stock options, or investment accounts, valuation becomes a key issue. You’ll need skilled legal support to:


  • Hire and coordinate with forensic accountants or appraisers
  • Assess business goodwill and future earnings
  • Address tax implications
  • Propose creative settlement options (e.g., asset buyouts or structured payouts)


Our team works closely with financial professionals to ensure your property settlement is grounded in facts—not just assumptions.


🛑 What If We Can’t Agree?

If spouses cannot come to a mutual agreement, a judge will divide property based on California’s community property laws. But going to court can be time-consuming, costly, and emotionally draining.


That’s why we prioritize clear communication and negotiated settlements whenever possible. We listen closely to your goals, identify where flexibility exists, and push for fair solutions without unnecessary conflict. When litigation is unavoidable, we’re fully prepared to represent you aggressively and strategically.


💬 You Deserve Clarity, Support, and a Fair Outcome

At Salick Family Law Group, APLC, we understand that property division is about more than just dividing assets—it’s about protecting your future. We tailor every strategy to your unique goals, helping you move forward with security and confidence.

A man and a woman are holding a child in the air.
July 31, 2025
How Child Support Is Calculated in California
A pair of wedding rings are sitting on top of a piece of paper.
July 3, 2025
Contested vs. Uncontested Divorce in California: Which One Is Right for You?
A scale of justice and a judge 's gavel are on a table.
May 29, 2025
Why Bigger Isn’t Always Better in Family Law: The Salick Difference
A wooden judge 's gavel is sitting on a wooden table in front of a row of books.
May 1, 2025
Why Attorney Salick Stands Out in California Family Law
A statue of lady justice holding scales in front of mountains
April 3, 2025
Finding Your Best Defense: Navigating Domestic Violence Allegations in California