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Joseph R. Zoucha, Attorney & Counselor at Law

Redwood City, California Family Law Blog

Community property, asset division, and you

When it comes to property division, there are two legal proceedings that lead the way. The first, and most common, is equitable distribution. Most states follow this form of property division, and it allows for a "fair" distribution of the assets in a marriage. However, "fair" in this context does not mean "equal." This is where community property comes in.

Community property -- which is observed by a handful of states, including California -- is the idea that any asset garnered during the marriage is eligible for a 50/50 split between the divorcing spouses. Of course, there are caveats and exceptions to this rule.