DIVISION OF PROPERTY

How is the property divided during the dissolution?

California is a Community Property State. Family Court has jurisdiction to divide community property 50/50 between the spouses and confirm separate property to the respective spouse. Unless there is a marital agreement providing otherwise, community property is all property acquired by the spouses between the date of marriage and the date of separation, except for the property acquired by inheritance, gift, devise or bequest.

 

Community property could include out of state real property.

 

How are the debts divided?

It is generally presumed that the debt acquired between the date of marriage and the date of separation is a community property debt and it is divided equally between the spouses. There are some exceptions, for examples, the debts incurred on separate property that is separately titled. Debts incurred not for the benefit of the community could be argued to be separate property debts.

 

What can I do if my spouse refuses to provide bank statements?

You may subpoena 3rd parties, such as financial institutions, in order to obtain records.