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California property division governed by laws of community

On Behalf of | Nov 20, 2017 | property division

The one who earns the most in a marriage is likely the one who may have to fork out alimony and child support payments. When it comes to property division, though, there are certain states, like California, that follow the laws of community property, meaning that all property obtained while a couple was married (with a few exceptions like gifts to one person or an inheritance) will be deemed owned equally by the couple. Other states — 41 to be exact — follow what is known as equitable distribution, meaning that all marital property will be divided fairly, but not necessarily equally. 

California keeps company with only eight other states when it comes to laws that govern property division after divorce. Income and debts are attached to all property that is divided between divorcing spouses in the instance of community property laws. Any contentious issues regarding property division will likely end up in court, even in community property law states like California.

So, all marital property — assets or income generated by either spouse during the marriage — would likely be divided equally under California law. Even so, an attorney can help sort out the particulars, especially in a high asset divorce situation. Although the laws are pretty clear in California regarding the division of property, a lawyer will provide guidance regarding the process.

A California attorney knows the legalities surrounding property division. He or she will help his or her client to  achieve a comprehensive and lasting settlement. A seasoned attorney might help to keep divorce matters out of a time-consuming and costly courtroom.

Source:, “Breadwinning Spouses: Here Are the Best States to Get Divorced In“, Christopher Coble, Accessed on Nov. 17, 2017