Los Angeles, CA family law attorney Robyn Santucci talks about the difference between marital and non-marital property. She states that in California, the distinction between marital and non-marital property is framed as community versus separate property. Community property includes any assets or debts acquired from the date of marriage through the date of separation, including earnings by either spouse. These assets and obligations are subject to division in a divorce.

Separate property, on the other hand, consists of assets owned prior to the marriage or acquired after the date of separation. It also includes anything received individually, such as certain inheritances or gifts. Unlike community property, separate property is not divided in divorce proceedings but remains fully with the individual who owns it.