Kevin Qualls Family Law
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California is a community property state for property division

When a person wants to seek a divorce, they might have concerns about property division. After years of being married, many couples have accumulated large amounts of property or other assets. These assets will have to be divided during a divorce, but many peopel have questions as to how they should be divided or who is entitled to what.

In some states, property is divided using the equitable distribution model. This means a judge will decide what is fair for each person to have, and it doesn't always mean a 50/50 split. In California, the state law follows community property rules. This would mean that all assets accumulated during marriage would be considered the property of both people.

That means, no matter how much money one spouse makes over another, the property they have accumulated together is equally owned by both people. However, there are exceptions to this concept. If someone has a prenuptial agreement, the agreement might clearly state how property is to be divided and many times these agreements can be enforced.

When couples go through a divorce, they can sometimes find it mutually beneficial to negotiate on their property division. They might be able to work out an agreement that allows one person to keep the house that they really want, and the other person gets more cash, or some other type of agreement that they find fitting. An experienced California divorce attorney can help a person understand their rights during a divorce and help advocate for their best interests.

Source: The Huffington Post, "Why Where You Divorce Matters: Equitable Distribution vs. Community Property," David Centeno, Aug. 28, 2013

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