California Property Division Laws
Learn about the legal issues surrounding division of property & debts in a California divorce,
and the process for distributing those assets between spouses.
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Anyone facing a divorce--or in the midst of one--will need to work out how property is divided between their soon-to-be ex-spouse and themselves. In California, property (and debt) acquired during the marriage is equally divided. While this may sound simple, the process for determining what is community property, how much it’s worth, and how it should be distributed, can get complicated. This is especially true when the spouses cannot come to an agreement on their own, at which point the judge will determine how marital property like the house, car(s), retirement plans, etc. will be distributed.
See the articles below for in-depth information on this process.
Start here to learn about the general rules and procedures.
Assets and debts spouses acquire during marriage belong equally to both of them.
Find out how community property is determined, and how it's handled in a California divorce.
How's the house divied up?
When it comes to the marital home, divorcing couples have a few options to distribute this valuable asset.
An overview of the differences between a buyout and sale of the family home during divorce.
Read up on how big ticket assets and debts are split in a California divorce.
A basic overview of how debts are dealt with in a California divorce. Learn about complex issues that can arise when dividing debts in a divorce.
A Qualified Domestic Relations Order, or QRDO (often pronounced "quadro") outlines how retirement assets are distributed in a divorce.
This article covers ways California couples can divide stock options in divorce.
Prenups and other agreements will affect the way assets are divided at divorce.
Learn the basics of prenuptial (pre-marital) agreements and how they affect a divorce in California.
You can make legal contracts with your spouse before, during, and at the end of a marriage.