Can You Divorce Without Splitting Assets in California? 2025
By Stephane Quinn | By Quinn & Dworakowski LLP |Dividing property during a divorce can become contentious. Many people start the divorce process assuming that all marital assets and debts should be cut down the middle. This is generally true for many divorces, but there may be unique circumstances when a couple can divorce without formally dividing the estate. If you’re wondering, “Can you divorce without splitting assets in California?” this blog will walk you through whether that is possible or not.
Can Assets Be Left Untouched in a California Divorce?
In California, assets acquired during the marriage are presumed to be community property. This means that each spouse owns half of that property, regardless of who earned more or whose name is on the title. It is still possible to divorce without splitting everything if certain conditions are met.
The court doesn’t force asset division if both spouses agree on how to handle the property. If a couple decides that one person keeps the house and the other keeps the retirement account or that each walks away with what they brought into the marriage, the court will usually approve it. The key is mutual agreement.
Separate property, such as assets that were owned before marriage and gifts, generally are not divided. If those assets were kept apart from shared accounts or were not used to support the marriage, they can be kept by one partner outright. In counties like San Diego County, judges at the Family Law Division at the Central Courthouse (1100 Union St, San Diego, CA 92101) look closely at documentation and financial history, so having clean records matters.
Using Prenups or Agreements to Keep Assets Separate
A prenuptial or postnuptial agreement is the most effective tool for avoiding asset division. These agreements can outline which assets will remain separate and how property should be handled if the marriage ends. When properly executed, California courts will usually enforce them.
As of 2023, California’s divorce rate was 7.45%, meaning 75 out of every 1,000 people in the state were divorced. That rate might be lower than national averages, but the financial fallout from divorce in high-asset areas remains a major concern. From Los Angeles to Sacramento, couples turn to the courts for help dividing retirement accounts, businesses, and real estate.
This is especially relevant for individuals in places like Palo Alto or Newport Beach, where wealth is often tied to business ownership, investments, or family trusts. A strong agreement can help ensure that divorcing spouses keep what they brought into the marriage or what they’ve grown independently.
Between 2019 and 2021, California saw a 66% increase in residents earning over $1 million annually, despite a drop in overall population. With more couples entering marriages with high-value assets, prenups have become increasingly common and crucial.
Home Equity Considerations
As of February 2025, the average home value in California stood at $784,840. For couples who bought a home during the marriage, that equity is usually treated as community property. But that doesn’t mean the home must be sold or split. Courthouses like the Lamoreaux Justice Center in Orange (341 The City Dr) often see cases where couples disagree over how much a home’s value should be considered community property.
Spouses are free to make their own deal. One spouse may keep the house, while the other takes a larger share of savings or retirement, for example. They can trade assets, offset values, or divide things in whatever way they believe is fair. If both parties agree and the agreement is fair, the courts will usually honor that arrangement.
If the home was owned by one spouse before the marriage and they kept all financial contributions separate, it may remain their separate property. However, if community funds were used for mortgage payments, renovations, or taxes, the other spouse could still have a financial interest.
FAQs
Can You Get a Divorce in California Without Splitting Assets?
Yes, but only if there are no shared assets or both spouses agree to keep property separate. If everything was acquired before marriage or through a valid agreement, a split may not be necessary. However, courts will still review the financial picture to ensure fairness. Voluntary agreements should be clearly documented to prevent disputes or misunderstandings during the process.
Does the Wife Always Get Half in a Divorce in California?
No, California law requires an equal division of community property, regardless of gender. Each spouse is entitled to half of the assets and debts acquired during the marriage. Property owned before the marriage or received by gift or inheritance is usually not divided. The court’s goal is fairness based on marital property rules, not the identity of either spouse.
What Assets Cannot Be Touched in a Divorce?
Assets classified as separate property are generally protected. These include property owned before the marriage, inheritances, personal gifts, and compensation for personal injuries. These assets must be kept separate and not mixed with shared accounts to remain untouchable. Proper documentation and clean separation from community funds help ensure they are not considered for division during divorce proceedings.
What Property Is Exempt from Division in California Divorce?
Exempt property usually includes anything one spouse owned before marriage, as well as inheritances and gifts given to only one person. This property must be clearly kept apart from joint finances to stay exempt. If separate property was used to buy or support shared assets, the lines may blur. Careful documentation helps protect exempt property during the divorce process.
Schedule Your Estate Division Consultation Today
If you’re facing divorce and have questions about how your assets and debts will be divided, Quinn & Dworakowski, LLP can help. Our experienced Orange County family law attorneys understand the complexities of California’s community property laws and can guide you through every step of the estate division process.
Whether you’re seeking a fair division, trying to protect separate property, or exploring options for avoiding formal asset division, we’re here to protect your interests. Schedule your consultation today to discuss your situation in detail and get trusted legal support tailored to your needs and long-term financial goals.
Copyright © 2025 Quinn & Dworakowski LLP. All rights reserved.
Digital Marketing By: 