How are assets divided in California divorce?
Emma Jordan
Published Apr 11, 2026
In California, each spouse or partner owns one-half of the community property. And, each spouse or partner is responsible for one-half of the debt. Community property and community debts are usually divided equally. You may have more community property than you realize.
What constitutes a domestic partnership in California?
Under California Law, the rights and responsibilities of Registered Domestic Partners are the same as spouses under California law. Existing law defines domestic partners as two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.
Is domestic partnership the same as marriage in California?
No. While California generally treats registered domestic partners and married couples equally in terms of rights and responsibilities, the federal government does not always treat registered domestic partners the same as spouses for legal or tax purposes.
Can unmarried couples be on the same health insurance in California?
Differences between marriage and domestic partnerships Couples of the same and opposite sex are able to share insurance under a domestic partner insurance coverage just as a married couple would. If your employer’s health insurance plan does not provide domestic partner insurance, you can check with a private company.”
Couples going through a divorce must decide how to divide their property and debts—or ask a court to do it for them. Under California’s community property laws, assets and debts spouses acquire during marriage belong equally to both of them, and they must divide them equally in a divorce.
Who is authorized to solemnize marriage in California?
California Family Code, Section 400, states the persons authorized to solemnize marriage ceremonies in California are as follows: A priest, minister, or rabbi of any religious denomination.
Do you have to be a California resident to get married in California?
You do not need to be a California resident to marry in California. To marry in California, the two parties may not be already married to each other or other individuals. Marriage by proxy is NOT allowed in California.
Can a person get married by proxy in California?
Marriage by proxy is NOT allowed in California. Family Code, Section 420(a), requires the two parties, marriage officiant and witness if applicable be physically present together in the same location for the marriage to be performed.
Who is responsible for issuing marriage license in California?
California Family Code 400.1 allows marriage to be solemnized by a County Supervisor, City Clerk, or Mayor of a city elected in accordance with Article 3 (commencing with Section 34900) of Chapter 4 of Part 1 of Division 2 of Title 4 of the Government Code, while that person holds office.