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California divorce - Property Distribution.


California is a "community Property" state. Any jointly-held Property is presumed to be "community" Property, unless it is clearly stated in a deed or written agreement that the Property is "separate" Property. Unless the spouses agree otherwise, all community and quasi-community Property is divided equally between the spouses. If economic circumstances warrant, however, the court may award any asset to 1 spouse on such conditions, as it feels proper to provide for a substantially equal distribution of Property. In addition, if 1 of the spouses has deliberately misappropriated community Property, the court may make an unequal division of the community Property. Marital contributions to the education and training of the other spouse that substantially increases or enhances the other spouse's earning capacity are reimbursable to the community Property. Each spouse shall be responsible for the following debts:
 
(1) those incurred prior to Marriage; (2) any separate debts during the Marriage that were not incurred to benefit the community (Marriage); (3) their equitable share of any community debts made during the Marriage; and (4) any debts incurred after separation and before dissolution of Marriage if the debts were for non-necessities and an equitable share of debts incurred during this period if the debts were for necessities.
 
[Annotated California Code; Sections 2501, 2581, 2601, 2602, 2620, 2621, 2623, 2625, and 2641].
 
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Hopefully, the divorce will be amicable, at least it is so far, but when it comes to divvying up assets and custody issues, it may be a different story. Bifurcation as to status is as of January 1, 2018; property division and custody issues may take ...
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