The courts thus consider all property acquired during marriage to be community in nature and subject to and equitable division. Equitable means “fair” which can be 50/50, but there are often other “fair” ways to divide the assets (and liabilities). For example, one spouse may take more than half the assets, with an appropriate offset in liabilities.
Sole & Separate property is not subject to division under community property rules. Examples of sole & separate property include property owned by one party prior to the marriage or property one spouse received as a gift or through a will or inheritance, and did not co-mingle with community property.
Some property that was once separate may become community property if it is considered to be co-mingled or gifted to the community. Co-mingling can occur, for example, by depositing separate property funds into the joint bank account or by placing the other spouse on to the title. When the marriage is dissolved, the court attempts to make an equitable, though not necessarily equal, division of the community assets and awarding each spouse their separate assets.