Property Division, Equalization, and Sale of Marital Property? The most complex area of Family Law and Divorce is the division of property.  Since California is a "Community Property" state, the laws are far different and more complex than other "equitable distribution" states or other areas of laws in California. This area of law is constantly changing, sometimes several times each year, and requires the experience of a Family Law or Divorce Attorney.   As a general rule, the two (2) types of property held by married persons is: 1. Separate Property is that acquired before marriage, after         marriage, or received during marriage by gift, devise or         descent. (Family Code Sections 770-772) 2. Community Property is that other than separate property         which was acquired during the marriage.  There is a         presumption all property acquired during marriage is         community, with equal right of ownership interest.         (Family Code Section 760) However, there are many, many exceptions to each one of these very basic and general rules.  For this reason, it is very important to contact a Family Law Attorney, to make sure you are not giving up your rights, which could literally cost you tens, if not hundreds of thousands of dollars, if not more.