How Does Property Division Work in a California Divorce?
Dividing property is one of the most challenging aspects of a California divorce. Spouses may not realize it, but marriage in California is essentially an agreement to divide property equally in the event of a divorce. This can be quite a shock for some spouses, especially if they never even envisioned a scenario where their marriages would end. How exactly does property division work in a California divorce? How do you pursue your fair share of the marital estate before you go your separate ways?
Separate vs. Community Property in California
To understand how property division works in California, you must first understand the differences between community and separate property:
- Community Property: In California, all property and debt acquired during the marriage are considered “community property.” This may include the family home, stocks, pets, vehicles, retirement assets, and much more.
- Separate Property: Separate property includes all property that spouses acquired before or after the marriage. In addition, it includes gifts and inheritance.
The main difference between community and separate property is that while spouses must divide community property equally in California, they can keep all of their separate property.
How Does Community Property Work?
The community property system requires spouses to divide property in an equal manner. This means that a 50/50 split may be ordered by family courts if spouses take their divorces to court. This is not the same as equitable division, which is the system followed by most other states.
Do I Have to Split My Community Property in a 50/50 Manner?
Although California follows the community property system in California, spouses are not necessarily obliged to split their community property in a 50/50 manner. Instead, they can resolve property-related disputes behind closed doors. They may enlist the help of a mediator or collaborative law attorneys in order to facilitate these negotiations.
Many other options are possible when spouses pursue uncontested divorces and create divorce settlements outside of court. With this strategy, spouses have more control over how their property is divided. This may lead to favorable results in a wide range of areas, especially in the context of complex assets.
For example, it may be much more favorable for spouses to work out alternative resolutions when dividing their family home. While a judge may order the spouses to simply sell the property and split the proceeds in a 50/50 manner, spouses can decide to handle this situation in a way that suits their needs. For example, one spouse might buy out the other’s share in the property. Spouses may also wait for a more opportune time to sell property in order to maximize profits.
Where Can I Find a Qualified Family Law Lawyer in California?
If you have been searching for an experienced family law attorney in California, look no further than the RM Law Group. We have helped numerous spouses with their divorces in California. Whether you are trying to divide pets and vehicles or complex assets, we are here to help. Book your consultation today to learn more about your legal options and determine the best route forward.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
