January 2019 Archives

How is Martial Property Divided During Divorce in California?

When dividing marital property pursuant to divorce in California, the rules are clear, but are also often confusing. California is a community property state, and as such all property acquired during marriage is divided 50/50. Most states do not operate under community property rules, preferring instead to use a system of property division known as "equitable division." Equitable division gives the court much more discretion in applying concepts of "fault" to the decision of who gets what in a divorce. California, however, is what is known as a "no fault" state, meaning fault is not considered in this context of deciding who gets what, because (to put it simply) all assets and debts acquired during marriage belong equally to both spouses and must be divided equally upon dissolution of marriage.

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