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HomeFamily CodeDiv. 4Pt. 2Ch. 4§ 802 Post-Divorce Property Exclusion

§ 802 Post-Divorce Property Exclusion

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 802 Post-Divorce Property Exclusion

Key Takeaways

  • •If you get divorced, stuff you bought together during marriage is usually split 50/50.
  • •But if you die more than 4 years after the divorce, the stuff you owned at death stays yours alone—it doesn’t automatically go to your ex.
  • •This rule only applies if you had the legal papers (title) for the stuff when you died.

Example

A couple divorces in 2020. In 2025, one of them dies owning a house they bought together in 2015.

Since more than 4 years passed since the divorce, the house stays with the person who died—their ex doesn’t automatically get half of it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 802 Post-Divorce Property Exclusion

The presumption that property acquired during marriage is community property does not apply to any property to which legal or equitable title is held by a person at the time of the person’s death if the marriage during which the property was acquired was terminated by dissolution of marriage more than four years before the death. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Last verified: January 21, 2026

Key Terms

community propertydissolution of marriagelegal or equitable title

Related Statutes

  • § 2045 Temporary Property Restraining Orders
  • § 3600 Temporary Spousal And Child Support
  • § 803 Married Woman Property Presumptions
  • § 2040 Child Custody And Asset Restrictions
  • § 2041 Purchaser Rights Under Restraining Order

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 802.
View Official Source