Property division can, unfortunately, lead to disputes during the divorce process. While couples are permitted to, and encouraged to, divide property between themselves, sometimes that is not possible and the family law court is available to help. In general, the family law process provides a framework for property division. In California, community property division rules are followed when dividing the divorcing couple's assets, property and debts.
In community property states, each spouse is entitled to receive half of the community property if the couple divorces. Property is divided into community property and separate property and community property is divided in half between the couple. It is important to keep in mind that marital property will be divided but separate property, such as property one of the spouses entered the marriage with or property one of the spouses inherited, is generally not subject to property division.
Property that is considered comingled and may have begun as separate property but was supported by community property funds may be considered community property and be subject to division. Community property rules can have a significant impact on a business or family home which is why they are important for divorcing couples to be familiar with.
Property division, categorizing property and community property laws generally can be complicated so it can be helpful for couples to have a solid understanding of community property laws, how they apply to them and have trained guidance throughout the process. Property division can be an overwhelming and disruptive part of the divorce process but family law resources are available to help couples along as they divide their assets and debts.
Source: Family.findlaw.com, "Divorce Property Division FAQ," Accessed Oct. 27, 2017