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Property division rules that may impact a California divorce

When a person files for divorce in California, he or she is subject to all state laws and regulations that govern such matters. While each set of circumstances may be unique, there are certain rules that must be followed by everyone who petitions the court for divorce. This state is among the nation's minority when it comes to property division laws.  

Some people mistakenly believe that a spouse who earns a majority of a household's income will walk away from a divorce in possession of a majority of assets acquired during marriage. This is not necessarily true because an individual's income level (even if a particular spouse did not earn income at all) is not relevant to marital property division. In California and eight other states, the law requires that all marital property be divided 50/50 between divorcing spouses.  

A key factor to achieving a settlement outside these parameters lies in an uncontested divorce. If neither spouse is contesting the martial break up and both agree to a particular division of assets, it may be possible to obtain the court's approval to the plan even if it is not a 50/50 split. The same goes for debt liability.  

The California court and all others in the nation automatically consider certain types of property as separately owned in marriage and divorce, such as inheritances that were specifically given to only one spouse and assets owned prior to a marriage -- it also includes those assets acquired after a legal separation has already taken place. Any spouse having trouble understanding community property laws may seek clarification from an experienced family law attorney. Doing so can help avoid a lot of confusion and place someone in a better position to protect his or her own interests during property division proceedings. 

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Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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