What are Community Property and Debts? – and What are Separate Property and Debts?

A marriage or the registration of a domestic partnership makes two people one legal "community." When the marriage or domestic partnership is dissolved, separating the property of that legal "community" can be complicated. The following are a few definitions offered to help you sort it out.

"Community Property" generally is property owned in common by the two people because they bought it while they were married or in a registered domestic partnership. In California, each spouse or partner owns one-half of this property (unless one of them got the property as a gift or inheritance).
Similarly, "Community Debts" generally are financial obligations accumulated during the marriage or domestic partnership. Again, each spouse or partner is responsible for one-half of this debt.
"Separate Property" generally is property one spouse or partner owned/earned before he or she got married or registered a domestic partnership, or acquired during marriage or domestic partnership through inheritance or gift from someone else, or property acquired after separation.
Similarly, "Separate Debts" generally are financial obligations accumulated before the marriage or registration of the domestic partnership, or after the separation.

Normally, separating couples can work out a division of property that they both feel
is fair.

If you have a question about whether some asset is community property, separate property, or mixed, please consult a lawyer for advice. The same is true if you are unsure about how a debt should be paid.

For help in getting low-cost legal aid, click here.

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