Property Division
California is a community property state, which means all property acquired during marriage is community property, except for gifts and inheritances. Property bought before marriage remains separate property, unless otherwise agreed to by both parties.
Property that might be subject to division includes:
- Real property, such as the family home;
- Cars and other Vehicles;
- Furniture and Electronics;
- Retirement Plans and Pensions;
- Investments;
- Bank Accounts;
- Credit Card Debt and Loans.
In divorce mediation, you are not bound by community property law when you decide how to divide your property. You can make your decisions based on what you think is right for your family, whether it be economical or sentimental reasons.
As your mediator, I can inform you about California community property law and try to help you negotiate the division of your property.
In family law court, the judge must follow the community property rules and divide your property accordingly. This often results in a division that complies with the law but does not provide the best solution for you and your family.
