Property Division

For property division in California, when parties divorce, any community property is divided equally between the two individuals. When the assets are easily contained in joint checking or savings accounts, division is simple. When there are assets that are not readily available to divide, matters may become more complicated. Generally, each spouse is entitled to half of any earnings accumulated during the marriage. This includes assets such as:

• Retirement Accounts
• Military Benefits
• Pensions
• Stock, Restricted Stock and Stock Options
• Real Estate
• Pets
• Business Interests
• Other Unique Items

Absent both parties agreeing any of these assets are to be excluded from division, any property acquired during the marriage or after separation that was given in lieu of compensation qualifies for property division. Though each of the aforementioned categories are special in their own respects, generally, the spouse’s share community property 50/50. It is important to ensure that it is clear which property is separate vs. community and whether one or both parties are entitled to credits or reimbursements. The most common type of reimbursement is owed to the spouse who has paid down community expenses / debts post-separation.