What Is Community Property?
Pursuant to California Family Code section 760, "except as otherwise
provided by statute, all property, real or personal, wherever situated,
acquired by a married person during marriage while domiciled in this state
is community property." The exceptions identified in the code includes,
but is not limited to,
separate property (see previous blog for an explanation), marital earnings while living separate
and apart or after a judgment of legal separation, community property
transmutated to separate property, and certain personal injury awards.
Married persons may agree to transmute community property to separate
property of either spouse, tramute separate property to community property,
or transmute separate property of one spouse to separate property of the
other spouse. A transmutation of real or personal property is not valid
unless it is made in writing and joined in, consented tom or accepted
by the spouse whose interest in the property is adversely affected. Fam.
C. 852. However, transmutations are subject to laws governing fraudulent
Generally, money and other property received by a married person in satisfaction
of a judgment for damages for personal injury, or for settlement of claim
for such damages, is community property if the cause of action arose during
If you or a loved one is going through a
or legal separation, please
contact ourRancho Cucamonga family law office for a free consultation. Our Rancho
Cucamonga family law attorneys would like to sit down with you to discuss