Community Property and Assets

California is a “Community Property” state, which means that, absent any agreement otherwise (commonly known as a Prenuptial Agreement or Postnuptial Agreement), all property acquired by a couple during their marriage is presumed to be community property and each party has an undivided one half interest in the property. It does not matter whose name the property is currently in. The only thing the Courts will look to is when was the property acquired or purchased. The courts have broad power to award assets to either party in order to equalize the division of the parties’ assets.