# Community property (Fam. Code §§ 760-2641)

- Description: Community property (Fam. Code §§ 760-2641)
- Source: https://leginfo.legislature.ca.gov/faces/codes.xhtml
- Pulled: 2026-05-13
- Sections: 13

> Verbatim text from the California Legislative Information website.
> Citation history and notes are preserved as published.

## Contents

- [Cal. Fam. Code § 760 — Community property defined](#sec-fam-760)
- [Cal. Fam. Code § 770 — Separate property of married person](#sec-fam-770)
- [Cal. Fam. Code § 771 — Earnings after separation](#sec-fam-771)
- [Cal. Fam. Code § 780 — Joint-tenancy presumption](#sec-fam-780)
- [Cal. Fam. Code § 850 — Transmutation — general rule](#sec-fam-850)
- [Cal. Fam. Code § 851 — Transmutation in writing](#sec-fam-851)
- [Cal. Fam. Code § 852 — Transmutation requirements](#sec-fam-852)
- [Cal. Fam. Code § 2550 — Equal division — mandate](#sec-fam-2550)
- [Cal. Fam. Code § 2552 — Valuation date](#sec-fam-2552)
- [Cal. Fam. Code § 2581 — Joint-form-title presumption](#sec-fam-2581)
- [Cal. Fam. Code § 2622 — Liabilities at dissolution](#sec-fam-2622)
- [Cal. Fam. Code § 2640 — Reimbursement for separate-property contributions](#sec-fam-2640)
- [Cal. Fam. Code § 2641 — Educational reimbursement](#sec-fam-2641)

<a id="sec-fam-760"></a>
## Cal. Fam. Code § 760 — Community property defined

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=760.

Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.

*(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)*

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## Cal. Fam. Code § 770 — Separate property of married person

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=770.

(a) Separate property of a married person includes all of the following:

(1) All property owned by the person before marriage.

(2) All property acquired by the person after marriage by gift, bequest, devise, or descent.

(3) The rents, issues, and profits of the property described in this section.

(b) A married person may, without the consent of the person’s spouse, convey the person’s separate property.

*(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)*

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## Cal. Fam. Code § 771 — Earnings after separation

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=771.

(a) The earnings and accumulations of a spouse and the minor children living with, or in the custody of, the spouse, after the date of separation of the spouses, are the separate property of the spouse.

(b) Notwithstanding subdivision (a), the earnings and accumulations of an unemancipated minor child related to a contract of a type described in Section 6750 shall remain the sole legal property of the minor child.

*(Amended by Stats. 2016, Ch. 114, Sec. 2. (SB 1255) Effective January 1, 2017.)*

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## Cal. Fam. Code § 780 — Joint-tenancy presumption

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=780.

Except as provided in Section 781 and subject to the rules of allocation set forth in Section 2603, money and other property received or to be received by a married person in satisfaction of a judgment for damages for personal injuries, or pursuant to an agreement for the settlement or compromise of a claim for such damages, is community property if the cause of action for the damages arose during the marriage.

*(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)*

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## Cal. Fam. Code § 850 — Transmutation — general rule

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=850.

Subject to Sections 851 to 853, inclusive, married persons may by agreement or transfer, with or without consideration, do any of the following:

(a) Transmute community property to separate property of either spouse.

(b) Transmute separate property of either spouse to community property.

(c) Transmute separate property of one spouse to separate property of the other spouse.

*(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)*

<a id="sec-fam-851"></a>
## Cal. Fam. Code § 851 — Transmutation in writing

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=851.

A transmutation is subject to the laws governing fraudulent transfers.

*(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)*

<a id="sec-fam-852"></a>
## Cal. Fam. Code § 852 — Transmutation requirements

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=852.

(a) A transmutation of real or personal property is not valid unless made in writing by an express declaration that is made, joined in, consented to, or accepted by the spouse whose interest in the property is adversely affected.

(b) A transmutation of real property is not effective as to third parties without notice thereof unless recorded.

(c) This section does not apply to a gift between the spouses of clothing, wearing apparel, jewelry, or other tangible articles of a personal nature that is used solely or principally by the spouse to whom the gift is made and that is not substantial in value taking into account the circumstances of the marriage.

(d) Nothing in this section affects the law governing characterization of property in which separate property and community property are commingled or otherwise combined.

(e) This section does not apply to or affect a transmutation of property made before January 1, 1985, and the law that would otherwise be applicable to that transmutation shall continue to apply.

*(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)*

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## Cal. Fam. Code § 2550 — Equal division — mandate

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2550.

Except upon the written agreement of the parties, or on oral stipulation of the parties in open court, or as otherwise provided in this division, in a proceeding for dissolution of marriage or for legal separation of the parties, the court shall, either in its judgment of dissolution of the marriage, in its judgment of legal separation of the parties, or at a later time if it expressly reserves jurisdiction to make such a property division, divide the community estate of the parties equally.

*(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)*

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## Cal. Fam. Code § 2552 — Valuation date

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2552.

(a) For the purpose of division of the community estate upon dissolution of marriage or legal separation of the parties, except as provided in subdivision (b), the court shall value the assets and liabilities as near as practicable to the time of trial.

(b) Upon 30 days’ notice by the moving party to the other party, the court for good cause shown may value all or any portion of the assets and liabilities at a date after separation and before trial to accomplish an equal division of the community estate of the parties in an equitable manner.

*(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)*

<a id="sec-fam-2581"></a>
## Cal. Fam. Code § 2581 — Joint-form-title presumption

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2581.

For the purpose of division of property on dissolution of marriage or legal separation of the parties, property acquired by the parties during marriage in joint form, including property held in tenancy in common, joint tenancy, or tenancy by the entirety, or as community property, is presumed to be community property. This presumption is a presumption affecting the burden of proof and may be rebutted by either of the following:

(a) A clear statement in the deed or other documentary evidence of title by which the property is acquired that the property is separate property and not community property.

(b) Proof that the parties have made a written agreement that the property is separate property.

*(Added by Stats. 1993, Ch. 219, Sec. 111.7. Effective January 1, 1994.)*

<a id="sec-fam-2622"></a>
## Cal. Fam. Code § 2622 — Liabilities at dissolution

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2622.

(a) Except as provided in subdivision (b), debts incurred by either spouse after the date of marriage but before the date of separation shall be divided as set forth in Sections 2550 to 2552, inclusive, and Sections 2601 to 2604, inclusive.

(b) To the extent that community debts exceed total community and quasi-community assets, the excess of debt shall be assigned as the court deems just and equitable, taking into account factors such as the parties’ relative ability to pay.

*(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)*

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## Cal. Fam. Code § 2640 — Reimbursement for separate-property contributions

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2640.

(a) “Contributions to the acquisition of property,” as used in this section, include downpayments, payments for improvements, and payments that reduce the principal of a loan used to finance the purchase or improvement of the property but do not include payments of interest on the loan or payments made for maintenance, insurance, or taxation of the property.

(b) In the division of the community estate under this division, unless a party has made a written waiver of the right to reimbursement or has signed a writing that has the effect of a waiver, the party shall be reimbursed for the party’s contributions to the acquisition of property of the community property estate to the extent the party traces the contributions to a separate property source. The amount reimbursed shall be without interest or adjustment for change in monetary values and may not exceed the net value of the property at the time of the division.

(c) A party shall be reimbursed for the party’s separate property contributions to the acquisition of property of the other spouse’s separate property estate during the marriage, unless there has been a transmutation in writing pursuant to Chapter 5 (commencing with Section 850) of Part 2 of Division 4, or a written waiver of the right to reimbursement. The amount reimbursed shall be without interest or adjustment for change in monetary values and may not exceed the net value of the property at the time of the division.

*(Amended by Stats. 2004, Ch. 119, Sec. 1. Effective January 1, 2005.)*

<a id="sec-fam-2641"></a>
## Cal. Fam. Code § 2641 — Educational reimbursement

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2641.

(a) “Community contributions to education or training” as used in this section means payments made with community or quasi-community property for education or training or for the repayment of a loan incurred for education or training, whether the payments were made while the parties were resident in this state or resident outside this state.

(b) Subject to the limitations provided in this section, upon dissolution of marriage or legal separation of the parties:

(1) The community shall be reimbursed for community contributions to education or training of a party that substantially enhances the earning capacity of the party. The amount reimbursed shall be with interest at the legal rate, accruing from the end of the calendar year in which the contributions were made.

(2) A loan incurred during marriage for the education or training of a party shall not be included among the liabilities of the community for the purpose of division pursuant to this division but shall be assigned for payment by the party.

(c) The reimbursement and assignment required by this section shall be reduced or modified to the extent circumstances render such a disposition unjust, including, but not limited to, any of the following:

(1) The community has substantially benefited from the education, training, or loan incurred for the education or training of the party. There is a rebuttable presumption, affecting the burden of proof, that the community has not substantially benefited from community contributions to the education or training made less than 10 years before the commencement of the proceeding, and that the community has substantially benefited from community contributions to the education or training made more than 10 years before the commencement of the proceeding.

(2) The education or training received by the party is offset by the education or training received by the other party for which community contributions have been made.

(3) The education or training enables the party receiving the education or training to engage in gainful employment that substantially reduces the need of the party for support that would otherwise be required.

(d) Reimbursement for community contributions and assignment of loans pursuant to this section is the exclusive remedy of the community or a party for the education or training and any resulting enhancement of the earning capacity of a party. However, nothing in this subdivision limits consideration of the effect of the education, training, or enhancement, or the amount reimbursed pursuant to this section, on the circumstances of the parties for the purpose of an order for support pursuant to Section 4320.

(e) This section is subject to an express written agreement of the parties to the contrary.

*(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)*