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HomeProbate CodeDiv. 1Pt. 2§ 28 Marital Property Ownership Rules

§ 28 Marital Property Ownership Rules

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

§ 28 Marital Property Ownership Rules

This law tells us what kinds of stuff count as community property for a married couple – things they get while living in the state, things they get while living somewhere else, and things they get by swapping other property.

Key Takeaways

  • •Property bought while married and living in this state is community property (part a).
  • •Property bought while married but living elsewhere is community property if the other state's law says it is marital property (part b).
  • •Property received in exchange for other community property is also community property (part c).

Example

A married couple lives in the state and buys a house together. Later they move to another state and buy a car. Then they trade that car for a boat.

The house they bought while living in the state is community property under part (a). The car they bought while living in another state is still community property because the other state's law treats it like marital property, as described in part (b). The boat they got by swapping the car is also community property because it was exchanged for property that was already community property, which is covered in part (c).

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

Official Source
View on CA.gov

§ 28 Marital Property Ownership Rules

“Community property” means: (a) Community property heretofore or hereafter acquired during marriage by a married person while domiciled in this state. (b) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired during the marriage by a married person while domiciled elsewhere, that is community property, or a substantially equivalent type of marital property, under the laws of the place where the acquiring spouse was domiciled at the time of its acquisition. (c) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired during the marriage by a married person in exchange for real or personal property, wherever situated, that is community property, or a substantially equivalent type of marital property, under the laws of the place where the acquiring spouse was domiciled at the time the property so exchanged was acquired. (Enacted by Stats. 1990, Ch. 79.)

Last verified: January 11, 2026

Key Terms

community propertymarried persondomiciledsubstantially equivalent type of marital property

Related Statutes

  • § 66 Quasi-Community Property Definition
  • § 100 Community Property Division Rules
  • § 103 Spousal Property After Simultaneous Death
  • § 104 Community Property Revocable Trusts
  • § 224 Simultaneous Death Rule

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 28.
View Official Source