California Codes
Cal. Family Code § 760 (2026)
✓ current as of May 2026
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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.
Notes of Decisions
Cited in 167
cases (52 in the last 5 years), 1994–2026 · leading case: In re Obedian, 546 B.R. 409 (Bankr. C.D. Cal. 2016).
In re Obedian, 546 B.R. 409 (Bankr. C.D. Cal. 2016). “OBEDIAN, THE REAL PROPERTY WAS COMMUNITY PROPERTY On one hand, under California Family Code § 770, property that one spouse owned before the marriage is deemed to be that spouse’s separate property.”
Marr. of Valli, 324 P.3d 274 (Cal. 2014). “I write separately to discuss a threshold question that has been the primary focus of the briefs of the parties and amici curiae: What role, if any, does a common law rule codified in Evidence Code section 662 (section 662) have in determining, in an action between the spouses,…”
In Re Marriage of Lehman, 955 P.2d 451 (Cal. 1998). “The majority's result is at odds with the fundamental premise that community property is limited to that acquired during the marriage (Fam. Code, § 760), while assets earned or accumulated by the marital parties at any time after their separation are their separate property ( id.”
Clifford Brace, Jr. v. Steven Speier, 979 F.3d 1228 (9th Cir. 2020). “Code § 662 , which affords a presumption based on the property’s form of title, supersedes Cal. Fam. Code § 760 , which applies a presumption in favor of community property for property purchased during the marriage with community property.”
In Re Marriage of Haines, 95 Cal. Daily Op. Serv. 2126 (Cal. Ct. App. 1995). “) Thus, there is a general presumption that property *290 acquired during marriage by either spouse other than by gift or inheritance is community property unless traceable to a separate property source.”
Marr. of Green, 302 P.3d 562 (Cal. 2013). “(Fam. Code, §§ 760, 770.) Community property may include the right to retirement benefits that the employee spouse accrues as deferred compensation for services rendered.”
Ciprari v. Ciprari (In re Ciprari), 242 Cal. Rptr. 3d 900 (Cal. Ct. App. 5th 2019). “(§ 751.) On the other hand, property acquired before marriage, or after separation, or at any time by gift, bequest, devise, or descent, is separate property.”
Clifford Brace, Jr. v. Steven Speier, 908 F.3d 531 (9th Cir. 2018). “” Cal. Fam. Code § 760 . 7 Section 2581 of the Family Code states, in relevant part: 8 IN RE BRACE California Family Code, the characterization of property in the deed is irrelevant.”
Burch v. George, 866 P.2d 92 (Cal. 1994). “" (Fam. Code, § 760.) Accordingly, there is merit in Marlene's argument that the property Frank transferred without her consent during the marriage was community property.”
Fadel v. DCB United LLC (In Re Fadel), 492 B.R. 1 (9th Cir. BAP 2013). “As for any possible community interest, DCB contended that although under Cal. Fam.Code § 760 the presumption is that all property acquired during a marriage is community property, Cal.”
In Re Marriage of McTiernan & Dubrow, 5 Cal. Daily Op. Serv. 9449 (Cal. Ct. App. 2005). “" In order for this to be divisible as community property, it must be, in the first place, property and, in the second place, it must have been acquired during marriage. "Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a…”
Burwell v. Burwell, 221 Cal. App. 4th 1 (Cal. Ct. App. 2013). “(Fam. Code, § 760.) One category of separate property, the “earnings and accumulations of a spouse .”
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