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property division Archives

Does California use equal division or equitable division?

You got married outside of California, but you lived here for 10 years before filing for a divorce. Now that your marriage is ending, you realize that you never considered how the divorce laws in the state may be different than they were where you got married.

Dividing your assets? Work with your attorney

If you are going through a divorce, one of the things that you will need to do is divide your marital property. If your marriage has been a long one, then dividing your property could be difficult. Fortunately, there are attorneys who are very experienced in property division and divorce.

Be wary and keep your inheritance safe during divorce

When you're heading into a divorce, property division is going to be on your mind. If you've recently received an inheritance or got one in the past while married, it's something you'll want to protect. In most situations, inheritances are protected during a divorce, but that isn't always the case.

What happens when you get a divorce in California?

California is a state that values equality, and this is shown not only in how people are treated there under law but also in how it protects those going through divorce. California is a community property state, meaning that each person is entitled to half of the assets acquired during a marriage or domestic partnership with few exceptions.

How can you protect your assets in a community property state?

In California, property division laws still follow community property laws. With community property laws in place, it means that any property you obtained during a marriage is to be equally split upon divorce. This is great for some people, but for others, it may mean they lose out on much of what they've done during a marriage.

Children's belonging are divided in divorce as well

When you're ready to get a divorce, you know you have to divide your property. What about your child's property, though? You and your spouse are planning to share custody, so where should the bed and other items go? Should they stay in the family home? If you move, should they go with you or your child's other parent?

Community property in California defines asset division

California is one of few states with community property laws. Community property laws differ from equitable distribution laws since assets collected during a marriage are split equally between those getting a divorce. Any property obtained during the marriage automatically becomes marital property.