Property Division

The property and debts of a divorce or legal separation are often complicated, and the cost of making a mistake is so high that you should talk to a lawyer before filing your papers. An experienced attorney can help you, especially if you have anything of value or if you have significant debt.

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Property is anything that can be bought or sold, like:

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• A house,

• Cars,

• Furniture, or

• Clothing.

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Property is also anything that has value, like:

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• Bank accounts and cash,

• Security deposits on apartments,

• Pension plans,

• 401(k) plans,

• Stocks,

• Life insurance that has cash value,

• A business, or

• A patent.

When you get divorced or legally separated, the court decides how to divide the property the spouses or domestic partners bought during the marriage. Many considerations affect the property division process, including property agreements signed before or during the marriage, community versus separate property, and other property statutes. 

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California is a community property state, so the marital property is generally divided evenly. But what constitutes marital property, and what is separate property? Another consideration is whether the spouses signed a pre or post-nuptial agreement and whether the court finds the agreement binding.