Law Office of Chandra E. Miller
A Northern California Family Law Firm
Call Now To Talk To An Attorney
530-377-5022 Local
866-679-7592 Toll Free

Which properties can be divided in a California divorce?

When people in California divorce, they have the option of working out an equitable distribution of eligible property on their own. Not all property will be divided, however, as some categories will remain with one party or the other. Similarly, eligible property may not always be evenly divided between the parties since courts take certain factors into consideration when deciding how the property and debts will be divided.

If the spouses have a prenuptial agreement in place and the court finds it is valid, however, all property contained within the document will be ineligible for division. Separate property belongs to one party and it is not divided; it includes all property a spouse owned before the marriage, any rents derived from the property, all gifts made to one spouse and the income each spouse makes.

Under the state's community property laws, all property acquired during the marriage is subject to division, including pensions, which require the completion of a qualified domestic relations order that allocates the amounts between the spouses upon the dissolution. The portion of the pension that accrued during the marriage is eligible, whereas the portion of a pension that was earned prior to the marriage is not. As previously stated, spouses have the choice of coming to an agreement regarding how the property they own and the debts they have acquired will be divided. Such agreements are called marital settlement agreements.

Many times, people are unable to agree on how to divide property. If that is the case, then a court will issue an order dividing it as the court sees fit. For high-asset cases, division can be especially complex. The above is not meant to be read as legal advice since each couple's situation is unique and involves numerous financial and legal considerations. For this reason, divorcing individuals who require advice on how to divide assets like pensions or retirement accounts may do well to consult with a family law attorney.

Source: California Courts, "Dividing Property and Debts in a Divorce", October 10, 2014

No Comments

Leave a comment
Comment Information

Contact Our Office

Law Office of Chandra E. Miller
1147 High Street
Auburn, CA 95603

Phone: 530-377-5022
Map & Directions

Facing A Divorce Or Family Issue?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy