California is a community property state. That means the law usually looks at your stuff in two main buckets: community property and separate property, plus a middle category where things are mixed.

1. Community Property (usually split 50/50)

Community property is what either of you acquired during the marriage. It usually belongs to both of you, even if it’s in just one person’s name. Examples:

• Income either spouse earned after the wedding
• Retirement contributions made during the marriage
• Houses bought with marital income
• Cars, furniture, tools, appliances bought during the marriage
• Credit card balances built up during the marriage
• Loans taken out to support the household
• 401(k) or pension growth during the marriage
• Tax refunds based on income earned during the marriage

It usually doesn’t matter whose name is on the account, who “paid more,” or who used it more. If it was acquired during the marriage, it is often treated as community property.

2. Separate Property (belongs only to one spouse)

Separate property generally includes:

• Anything you had before marriage (car, savings, retirement, etc.).
• Gifts or inheritances given to only one spouse, even during the marriage.
• Things bought with separate money (for example, using premarital savings to buy something).
• Income and assets after a true Date of Separation (when you really separated and intended to stay that way).

3. Mixed Property (a mix of community & separate)

Many things are part community, part separate. Examples:

• A retirement account that started before marriage but grew during the marriage.
• A house bought before marriage but paid with marital income.
• A business started before marriage but built with both spouses’ efforts during the marriage.

These items often have a separate portion and a community portion. A mediator or attorney can help untangle this. For now, your job is just to list the item and, if possible, mark that it may be “mixed.”

4. When You’re Not Sure

If you’re unsure whether something is community or separate property, that’s okay. In the organizer below, you can mark an item as “I’m not sure”. The important thing is that the item is listed. You can always ask for help later.

5. Why This Comes Before Support & Parenting

Support (child or spousal) depends on income, debt, and each person’s ability to pay. Parenting schedules may depend on whether each parent can realistically afford housing and transportation. That’s why we start here. Once you can see the full financial picture, everything else becomes easier to discuss.