When parties acquire title to real or personal property prior to the date
of marriage or domestic partnership registration, but for this statute
the Family Law Act would require them litigate their claims relating to
such property in civil court, typically through a partition action. This
statute empowers the family law court to assume jurisdiction over such
assets, but only upon request.
I have written a very important blog about the issues and pitfalls surrounding
section 2650 which I urge you to read if you and your spouse owned property
jointly before marriage.
CALIFORNIA FAMILY CODE
DIVISION OF PROPERTY
JURISDICTION TO DIVIDE JOINTLY HELD SEPARATE PROPERTY
Family Code Section 2650
In a proceeding for division of the community estate, the court has jurisdiction,
at the request of either party, to divide the separate property interests
of the parties in real and personal property, wherever situated and whenever
acquired, held by the parties as joint tenants or tenants in common. The
property shall be divided together with, and in accordance with the same
procedure for and limitations on, division of community estate.