Your Guide To Divorce In A Community Property State

California is a state that follows the principle of "community property" when it comes to property division in a divorce. In a community property state, property that a couple acquires during the marriage is divided evenly between them during a divorce. The advantage of this method is that it can be more straightforward than equitable distribution, the other method used in the United States.

How Property Is Divided In A Divorce

The other type of property that can exist in a community property state is separate property, which is property that:

  • Was owned by you or your spouse prior to your marriage
  • Was received as a gift or inheritance by either spouse during the marriage
  • Was property that was purchased with separate funds by a spouse during the marriage

Separate property belongs to its owner alone and is not considered during a divorce.

At Ruben Law Firm, we can provide you with a lawyer who can help you map out a strategy so that all of your community property will be divided evenly (50-50) between you and your spouse. This division does not have to be literal or physical — what matters is that in the end you each have an equal share of property, assets and debt.

Notable Exceptions To Community Property

If you and your spouse created a legally binding premarital agreement before you were married, property listed in that document may receive different consideration. Also, if you signed an agreement related to community property during your marriage that converted something into separate property, the disposition of that particular item may change.

Let Us Help You With Property Division Issues

An attorney with our San Francisco-based firm can investigate your property division issues and suggest strategies for resolution. Call us at 415-399-6830, or contact us using our online form to set up an appointment.