How Will Property Be Divided?

Once community and separate properties are delineated, all the community property will be appraised and valued and then distributed in one of several ways. Depending on what works for each couple, one of the following methods will be used: 

• The property is divided by assigning different pieces of property to each spouse, with the total value received by each spouse being equal.
• The property is first sold, and then the profits are split between each couple.
• The property is “bought out” by one of the spouses, allowing them to retain 100% of the property by paying their spouse for their half.

When couples own a substantial number of properties between them, negotiations can draw out into lengthy debates over who gets what. A skilled property division lawyer can help mediate these negotiations or negotiate on your behalf. Sometimes, arrangements can be made so that each spouse receives the properties that matter the most to them.

FAQs About Corona, CA Property Division Laws

What Is the Property Division Law in California?

California is a community property state. This means that, for property division, all property generally acquired by either spouse during the marriage is owned equally by both spouses and will, therefore, be divided equally. There are exceptions, however, as certain property can be exempt from division. While the law is relatively straightforward, carrying it out involves complex financial resolutions. For this reason, it is highly recommended that you partner with a skilled property division attorney.

Is Everything Split 50/50 in a Divorce in California?

California is one of only nine states to enforce a community property law. However, this does not mean that property division is always an even 50/50 split. Some property may be exempt from division, such as:

• Property acquired before the marriage
• Property specified in a prenuptial or postnuptial agreement
• Certain inheritances
• Any property that is mutually agreed, in writing, to be excluded from division

All other property that is not exempt will be subject to an even division by the court. Securing the assets that you want to retain will require the help of a skilled attorney.

How Long Do You Have to Be Married to Get Half of Everything in California?

California has no specific duration requirements for a marriage for it to be subject to community property law. This means that a marriage of any length will be subject to a half-and-half split. However, this division only refers to property that was acquired during the marriage. If you haven’t been married for long, it is unlikely that you will have amassed substantial property together. Any property acquired before the marriage is not subject to division.

What Is a Wife Entitled to in a Divorce in California?

In a divorce in California, a wife is entitled to 50% of any property acquired by either spouse during the course of their marriage. This includes real estate, bank accounts, and even businesses started during the marriage. In addition to property division, a wife may also be entitled to additional spousal support in many cases. For more specific answers to your unique circumstances, it is ideal to consult an experienced Corona property division attorney.

Your Corona Property Division Attorney

If you are about to enter into property division proceedings, ensure that you are working with a qualified and skilled attorney. They can guide you through the processes and ensure that your interests are represented and upheld. Najera Law Group, APC, has been providing quality legal counsel to divorcing couples for nearly two decades. We are ready to speak with you regarding your case. Contact our office for more information.