Separate Property in California

Chapter 2 of Part 2 of Division 4 of the California Family Code deals with separate property. Section 770 states that separate property of a married person includes all property owned before marriage, acquired after marriage by gift, bequest, or devise, and rents or profits from separate property. A married person may, without the consent of the person’s spouse, convey the person’s separate property.

Section 771 provides that 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.

Section 772 specifies that, after entry of a judgment of legal separation of the parties, the earnings or accumulations of each party are the separate property of the party acquiring the earnings or accumulations.