How Property Gets Divided in a Los Angeles Divorce
If you’re going through a divorce in Los Angeles, one of the biggest questions on your mind is probably: what happens to everything we own? Property division can feel complicated, but California law actually provides a fairly clear framework for how it works.
California Is a Community Property State
California follows community property rules, which means that most assets and debts acquired during the marriage are considered equally owned by both spouses — and are generally split 50/50 in a divorce. This includes things like income earned during the marriage, real estate purchased together, retirement account contributions made while married, and shared debt like credit cards or car loans.
What About Property You Owned Before the Marriage?
Assets you owned before getting married, or property you received as a gift or inheritance during the marriage, are typically considered separate property — meaning they belong solely to you and aren’t subject to division. However, things can get complicated when separate and community property become mixed together over time, which happens more often than people expect.
It’s Not Always a Simple 50/50 Split
While the 50/50 rule sounds straightforward, the actual process of dividing property can get complex quickly. Business ownership, investment portfolios, real estate with complicated equity situations, and retirement accounts all require careful valuation and legal handling. The way debts are assigned matters just as much as how assets are divided.
Documentation Is Everything
One of the most important things you can do early in the process is gather financial records — bank statements, tax returns, mortgage documents, and anything else that establishes what you own and when you acquired it.
Property division decisions made during your divorce can follow you financially for years. If you have questions about how California’s community property laws apply to your situation, reach out to DeSario Family Law today. We’re here to help you protect what matters.