California Divorce Law...

In general, all property acquired during the marriage is community property.

Examples: Community property generally includes the following:

• A home if purchased with earnings of either or both parties during the marriage.
• A pension plan, to the extent accrued during the marriage.
• Income received on account of personal injury , if the injury occurred during the marriage.
• A proportionate interest in separate property, if community funds are used to pay down the loan or make improvements.
• Stock options, if granted and exercised during the marriage.
• A bank account, unless a party can trace the funds as separate funds.

Section 760.

Cases:

Gowdy (1986) 224 Cal. Rptr 400, 178 CA3d 1128 (community funds used to pay down loan).

Nelson (1986) 222 Cal Rptr 790, 177 CA3d 150 (stock options issued during marriage were in part community property).

Hug (1984) 201 Cal Rptr 676, 154 CA3d 780 (stock options may be partly community property).

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