Definition of Property in Family Law

In California family law, the concept of “property” is central to the division of assets upon dissolution of marriage. Under Family Code section 113, property includes real and personal property and any interest in such property. However, not every valuable interest qualifies as divisible property. Courts distinguish between transferable economic interests and personal rights. For example, a professional education or a license to practice a profession is not considered property subject to division. Instead, when community funds contribute to a spouse’s education or training, the remedy is reimbursement under Family Code section 2641.

Community and Separate Property

The primary classification in marital actions is between community and separate property. Community property, defined under Family Code section 760, includes all property acquired during marriage while the parties are domiciled in California, unless it falls within a statutory exception. Separate property, under Family Code section 770, includes assets owned before marriage, property acquired by gift or inheritance during marriage, and the rents, issues, and profits from separate property. Property acquired after the date of separation is also separate property. Because California law presumes that property acquired during marriage is community property, disputes often focus on tracing and characterization.

Quasi-Community Property

California law also recognizes quasi-community property. This includes property acquired by either spouse while living outside California that would have been community property if acquired while domiciled in California. Although such property may have been governed by the laws of another jurisdiction at the time of acquisition, it is treated as community property for purposes of division in a California divorce proceeding. This ensures a fair and consistent approach to asset division.

Quasi-Marital Property

Quasi-marital property arises in cases involving an invalid marriage. When one party has a good-faith belief that the marriage was valid, that party may be considered a putative spouse under Family Code section 2251. In such cases, property acquired during the relationship is treated as if it were community or quasi-community property. Courts determine good faith by examining the totality of the circumstances, including the individual’s subjective belief and efforts to comply with legal requirements.

Joint Tenancy

Joint tenancy is a form of co-ownership in which two or more persons hold equal shares with a right of survivorship. Upon the death of one joint tenant, their interest automatically transfers to the surviving joint tenant. While spouses may hold property in joint tenancy, the form of title does not control how the property is divided in a marital action. Courts may look beyond title to determine whether the property is actually community or separate in nature.

Tenancy in Common

Tenancy in common is another form of co-ownership in which two or more individuals hold separate but undivided interests in property. Unlike joint tenancy, there is no right of survivorship. Each owner’s share may be transferred or inherited independently. Spouses may choose this form of ownership when they intend to maintain distinct ownership interests in property.

Partnership Property

Partnership property may arise when spouses are involved in a business together. A partnership is defined as an association of two or more persons who carry on a business for profit as co-owners. In marital actions, a spouse’s partnership interest must be characterized as either community or separate property, depending on when and how it was acquired. This classification affects how the interest will be valued and divided.

Community Property with Right of Survivorship

California also permits spouses to hold property as community property with a right of survivorship. This hybrid form combines aspects of community property and joint tenancy. During the marriage, the property is treated as community property, but upon the death of one spouse, the property automatically passes to the surviving spouse without probate. This form of ownership offers both equal ownership during marriage and efficiency in estate transfer upon death.

Conclusion

Understanding the various types of property in California marital actions is essential for determining how assets will be divided. Proper characterization—whether property is community, separate, or falls within a specialized category—forms the foundation for equitable distribution and can significantly influence the outcome of a case.