How is property divided in a divorce?

In California, property divided in divorce is determined by the process of community property distribution. This means that any assets or debts that were acquired during the marriage are divided equally between spouses in the event of a divorce. The California Family Law Act defines community property as “all property, other than separate property, acquired by a married person during the marriage while domiciled in this state.” This includes tangible property such as cars, homes or furniture, as well as intangible assets such as businesses, investments, pensions, or bank accounts. In the event of a divorce, the court must identify, value, and divide all the community property in a process known as “property division.” The court will consider the length of the marriage, the extent of the community property, and any contributions made by either partner to the property. The court may make an “equitable division” of property, which is based on what is fair, rather than necessarily equal. The court will apply this standard in order to determine how the community property will be divided between the two spouses. The court may also order one spouse to pay the other a “fair and reasonable” sum of money as “alimony” or “spousal support” in order to maintain the other spouse’s standard of living. Spousal support is typically paid for a period of time until the recipient can find employment and become self-supporting. In summary, in the case of divorce in California, the court will use a community property distribution process to divide assets and debts. Assets and debts acquired during the marriage are typically divided equitably and one spouse may be required to pay the other spousal support.

Related FAQs

Do I need a lawyer to file for a divorce?
How do I file for divorce?
What is a motion to modify or set aside a divorce?
What is marital misconduct?
How is a divorce settlement divided?
How is legal custody determined?
What are the grounds for divorce?
What are the steps in the divorce process?
What is a mediation divorce?
How do I respond to a divorce petition?

How is property divided in a divorce?

Related FAQs

Related Blog Posts