Overview
California is a community property state, which means that nearly all assets and debts acquired by either spouse during the marriage are considered jointly owned — a 50/50 split regardless of who earned or spent the money.
What Counts as Community Property?
- Wages and salaries earned during marriage
- Property purchased with marital income
- Debts incurred during the marriage (by either spouse)
What Stays Separate?
- Assets owned before the marriage
- Gifts and inheritances received by one spouse (even during marriage)
- Property acquired after permanent separation
- Assets explicitly kept separate per a valid prenuptial or postnuptial agreement
Prenuptial Agreements in California
California enforces prenuptial agreements under the California Uniform Premarital Agreement Act (Family Code § 1600–1617). For a prenup to be valid:
- It must be in writing and signed by both parties
- There must be no duress — both parties must sign voluntarily
- Each party should have independent legal representation (or waive it in writing)
- A 7-day waiting period is required between presentation and signing
- Full financial disclosure is required from both parties
Key Considerations
- California’s community property rules are some of the strongest in the nation
- Even commingled accounts (mixing separate and marital funds) can complicate tracing
- A prenup can designate future earnings as separate property
Already Married? Postnuptial Agreements in California
It’s not too late. California allows postnuptial agreements, though courts hold them to a higher standard than prenups because spouses already owe each other a fiduciary duty.
For a postnup to be enforceable in California:
- Must be in writing and signed by both spouses
- Both parties should have independent legal counsel
- Full financial disclosure is required
- Must be entered into voluntarily — any sign of duress or overreaching can void it
- Must not be unconscionable
A California postnup can reclassify community property as separate, protect a business that has grown during the marriage, or clarify ownership of inherited or appreciated assets. See our Already Married? guide for more.
Key Statutes
- California Family Code § 720–724 (community property)
- California Family Code § 1600–1617 (Uniform Premarital Agreement Act)
- California Family Code § 721 (fiduciary duty between spouses)
This is educational content, not legal advice. Consult a licensed California family law attorney for guidance specific to your situation.