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Divorce Attorney
Getting a Divorce
Legal issues in a divorce case can include spousal support, child support, child custody, and property division. Spousal support, child support and child custody are covered in other pages of this site. Hence, just property division is covered here. California is a community property state. This means that property acquired by either spouse during marriage as a result of their time, skill, and effort is split 50-50 in a divorce. Basically, this means that property acquired during marriage that is obtained as a result of working is split equally If the case is a nullity of marriage (annulment) case, the court sometimes divides the property under a concept called "quasi-marital"property. If the parties have moved to California from other states/counties, in a divorce action, California court treat call the property that the parties acquired during marriage in other states/countries "quasi-Community property." It seems that if you had parties that moved to California and the parties did an annulment and the parities were seeking to divide the property acquired during marriage outside of California that this property would be call "quasi-quasi-marital property. California has a fairly complex method of how to divide property up in divorce cases in terms of the various debits, credits, tracing of separate property and the like. The code sections from the Family Code re property division are below for your review. Francisco Part 9 Real Property Located in Another State 2660. Division where community estate includes real property located in another state 2660. Division where community estate includes real property located in another state Text (a) Except as provided in subdivision (b), if the property subject to division includes real property situated in another state, the court shall, if possible, divide the community property and quasi–community property as provided for in this division in such a manner that it is not necessary to change the nature of the interests held in the real property situated in the other state. (b) If it is not possible to divide the property in the manner provided for in subdivision (a), the court may do any of the following in order to effect a division of the property as provided for in this division: (1) Require the parties to execute conveyances or take other actions with respect to the real property situated in the other state as are necessary. (2) Award to the party who would have been benefited by the conveyances or other actions the money value of the interest in the property that the party would have received if the conveyances had been executed or other actions taken. Marin Rafael Oakland divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, 199 Division 7 Division of Property Part 1 Definitions Definitions 2500. Application of definitions Text Unless the provision or context otherwise requires, the definitions in this part govern the construction of this division. Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Francisco 2501. [Section repealed annulment Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyerannulment mateo annulment ch 219 110.5 (Oakland 1500). See 63;Mateo annulment ch 219 110.5 (Oakland 1500). Francisco 2502. Separate property Text "Separate property" does not include quasi–community property. Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Francisco Part 2 General Provisions Text Except upon the written agreement of the parties, or on oral stipulation of the parties in open court, or as otherwise provided in this division, in a proceeding for dissolution of marriage or for legal separation of the parties, the court shall, either in its judgment of dissolution of the marriage, in its judgment of legal separation of the parties, or at a later time if it expressly reserves jurisdiction to make such a property division, divide the community estate of the parties equally. Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Francisco 2551. Characterization of liabilities as separate or community and confirming or assigning them to partiesText For the purposes of division and in confirming or assigning the liabilities of the parties for which the community estate is liable, the court shall characterize liabilities as separate or community and confirm or assign them to the parties in accordance with Part 6 (commencing with Section 2620). Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Francisco 2552. Valuation date for assets and liabilities Text (a) For the purpose of division of the community estate upon dissolution of marriage or legal separation of the parties, except as provided in subdivision (b), the court shall value the assets and liabilities as near as practicable to the time of trial. (b) Upon 30 days' notice by the moving party to the other party, the court for good cause shown may value all or any portion of the assets and liabilities at a date after separation and before trial to accomplish an equal division of the community estate of the parties in an equitable manner. Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Francisco 2553. Orders necessary to carry out purposes of this division Text The court may make any orders the court considers necessary to carry out the purposes of this division. Marin v Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Francisco 2554. Arbitration where parties do not voluntarily agree to division Text (a) Notwithstanding any other provision of this division, in any case in which the parties do not agree in writing to a voluntary division of the community estate of the parties, the issue of the character, the value, and the division of the community estate may be submitted by the court to arbitration for resolution pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, if the total value of the community and quasi–community property in controversy in the opinion of the court does not exceed fifty thousand dollars ($50,000). The decision of the court regarding the value of the community and quasi–community property for purposes of this section is not appealable. (b) The court may submit the matter to arbitration at any time it believes the parties are unable to agree upon a division of the property. Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Francisco 2555. Revision of property disposition on appeal Text The disposition of the community estate, as provided in this division, is subject to revision on appeal in all particulars, including those which are stated to be in the discretion of the court. Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Francisco 2556. Continuing jurisdiction to award community estate assets or liabilities Text In a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court has continuing jurisdiction to award community estate assets or community estate liabilities to the parties that have not been previously adjudicated by a judgment in the proceeding. A party may file a postjudgment motion or order to show cause in the proceeding in order to obtain adjudication of any community estate asset or liability omitted or not adjudicated by the judgment. In these cases, the court shall equally divide the omitted or unadjudicated community estate asset or liability, unless the court finds upon good cause shown that the interests of justice require an unequal division of the asset or liability. Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Mateo Contra ch 219 111 (Oakland 1500). FranciscoPart 3 Presumption Concerning Property Held in Joint Form 2580. Legislative findings and declarations 2581. Community property presumption of property acquired during marriage in joint form Francisco 2580. Legislative findings and declarations Text The Legislature hereby finds and declares as follows: (a) It is the public policy of this state to provide uniformly and consistently for the standard of proof in establishing the character of property acquired by spouses during marriage in joint title form, and for the allocation of community and separate interests in that property between the spouses. (b) The methods provided by case and statutory law have not resulted in consistency in the treatment of spouses' interests in property they hold in joint title, but rather, have created confusion as to which law applies to property at a particular point in time, depending on the form of title, and, as a result, spouses cannot have reliable expectations as to the characterization of their property and the allocation of the interests therein, and attorneys cannot reliably advise their clients regarding applicable law. (c) Therefore, a compelling state interest exists to provide for uniform treatment of property. Thus, former Sections 4800.1 and 4800.2 of the Civil Code, asJose on Attorney 1, 1987, and as continued in Sections 2581 and 2640 of this code, apply to all property held in joint title regardless of the date of acquisition of the property or the date of any agreement affecting the character of the property, and those sections apply in all proceedings commenced on or after Attorney 1, 1984. However, those sections do not apply to property settlement agreements executed before Attorney 1, 1987, or proceedings in which judgments were rendered before Attorney 1, 1987, regardless of whether those judgments have become final. Marin Mateo annulment ch 219 111.6 (Oakland 1500). Mateo Contra ch 876 15.2 (Annulment 1068), effective October 6, annulment ,Jose Attorney 1, lawyer Francisco 2581. Community property presumption of property acquired during marriage in joint form Text For the purpose of division of property on dissolution of marriage or legal separation of the parties, property acquired by the parties during marriage in joint form, including property held in tenancy in common, joint tenancy, or tenancy by the entirety, or as community property, is presumed to be community property. This presumption is a presumption affecting the burden of proof and may be rebutted by either of the following: (a) A clear statement in the deed or other documentary evidence of title by which the property is acquired that the property is separate property and not community property. (b) Proof that the parties have made a written agreement that the property is separate property. Marin Mateo annulment ch 219 111.7 (Oakland 1500). Francisco Part 4 Special Rules for Division of Community Estate Francisco 2600. Special rules for division of community estate Text Notwithstanding Sections 2550 to 2552, inclusive, the court may divide the community estate as provided in this part. Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Francisco 2601. Awarding asset to one party to effect substantially equal division Text Where economic circumstances warrant, the court may award an asset of the community estate to one party on such conditions as the court deems proper to effect a substantially equal division of the community estate. Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Francisco 2602. Award or offset of amount deliberately misappropriated by party Text As an additional award or offset against existing property, the court may award, from a party's share, the amount the court determines to have been deliberately misappropriated by the party to the exclusion of the interest of the other party in the community estate. Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Francisco 2603. Community estate personal injury damages Text (a) "Community estate personal injury damages" as used in this section means all money or other property received or to be received by a person in satisfaction of a judgment for damages for the person's personal injuries or pursuant to an agreement for the settlement or compromise of a claim for the damages, if the cause of action for the damages arose during the marriage but is not separate property as described in Section 781, unless the money or other property has been commingled with other assets of the community estate. (b) Community estate personal injury damages shall be assigned to the party who suffered the injuries unless the court, after taking into account the economic condition and needs of each party, the time that has elapsed since the recovery of the damages or the accrual of the cause of action, and all other facts of the case, determines that the interests of justice require another disposition. In such a case, the community estate personal injury damages shall be assigned to the respective parties in such proportions as the court determines to be just, except that at least one–half of the damages shall be assigned to the party who suffered the injuries. Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Francisco 2603.5. Judgment of spousal abuse enforced against abusive spouse's community property Text The court may, if there is a judgment for civil damages for an act of domestic violence perpetrated by one spouse against the other spouse, enforce that judgment against the abusive spouse's share of community property, if a proceeding for dissolution of marriage or legal separation of the parties is pending prior to the entry of final judgment. Marin Mateo 2004 ch 299 1 (Oakland 2018). Francisco 2604. Award where community estate less than $5,000 and one party cannot be located Text If the net value of the community estate is less than five thousand dollars ($5,000) and one party cannot be located through the exercise of reasonable diligence, the court may award all the community estate to the other party on conditions the court deems proper in its judgment of dissolution of marriage or legal separation of the parties. Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Francisco The court has jurisdiction to order reimbursement in cases it deems appropriate for debts paid after separation but before trial. Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Francisco 2627. Educational loans and tort liability Text Notwithstanding Sections 2550 to 2552, inclusive, and Sections 2620 to 2624, inclusive, educational loans shall be assigned pursuant to Section 2641 and liabilities subject to paragraph (2) of subdivision (b) of Section 1000 shall be assigned to the spouse whose act or omission provided the basis for the liability, without offset. Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Francisco 2628. Revision of joint income tax liability by court Text Notwithstanding Sections 2550 to 2552, inclusive, and Sections 2620 to 2624, inclusive, joint California income tax liabilities may be revised by a court in a proceeding for dissolution of marriage, provided the requirements of Section 19006 of the Revenue and Taxation Code are satisfied. Marin Mateo annulment ch 374 1 (Oakland 2979). Francisco Part 7 Reimbursements 2640. Contributions to acquisition of property; Amount of reimbursement; Waiver 2641. Community contributions for education or training 2640. Contributions to acquisition of property; Amount of reimbursement; WaiverText (a) "Contributions to the acquisition of property," as used in this section, include downpayments, payments for improvements, and payments that reduce the principal of a loan used to finance the purchase or improvement of the property but do not include payments of interest on the loan or payments made for maintenance, insurance, or taxation of the property. (b) In the division of the community estate under this division, unless a party has made a written waiver of the right to reimbursement or has signed a writing that has the effect of a waiver, the party shall be reimbursed for the party's contributions to the acquisition of property of the community property estate to the extent the party traces the contributions to a separate property source. The amount reimbursed shall be without interest or adjustment for change in monetary values and may not exceed the net value of the property at the time of the division. (c) A party shall be reimbursed for the party's separate property contributions to the acquisition of property of the other spouse's separate property estate during the marriage, unless there has been a transmutation in writing pursuant to Chapter 5 (commencing with Section 850) of Part 2 of Division 4, or a written waiver of the right to reimbursement. The amount reimbursed shall be without interest or adjustment for change in monetary values and may not exceed the net value of the property at the time of the division. Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Mateo Contra ch 219 114.5 (Oakland 1500);Mateo 2004 ch 119 1 (Annulment 1407). Francisco 2641. Community contributions for education or training Text (a) "Community contributions to education or training" as used in this section means payments made with community or quasi–community property for education or training or for the repayment of a loan incurred for education or training, whether the payments were made while the parties were resident in this state or resident outside this state. (b) Subject to the limitations provided in this section, upon dissolution of marriage or legal separation of the parties: (1) The community shall be reimbursed for community contributions to education or training of a party that substantially enhances the earning capacity of the party. The amount reimbursed shall be with interest at the legal rate, accruing from the end of the calendar year in which the contributions were made. (2) A loan incurred during marriage for the education or training of a party shall not be included among the liabilities of the community for the purpose of division pursuant to this division but shall be assigned for payment by the party. (c) The reimbursement and assignment required by this section shall be reduced or modified to the extent circumstances render such a disposition unjust, including, but not limited to, any of the following:(1) The community has substantially benefited from the education, training, or loan incurred for the education or training of the party. There is a rebuttable presumption, affecting the burden of proof, that the community has not substantially benefited from community contributions to the education or training made less than 10 years before the commencement of the proceeding, and that the community has substantially benefited from community contributions to the education or training made more than 10 years before the commencement of the proceeding. (2) The education or training received by the party is offset by the education or training received by the other party for which community contributions have been made. (3) The education or training enables the party receiving the education or training to engage in gainful employment that substantially reduces the need of the party for support that would otherwise be required. (d) Reimbursement for community contributions and assignment of loans pursuant to this section is the exclusive remedy of the community or a party for the education or training and any resulting enhancement of the earning capacity of a party. However, nothing in this subdivision limits consideration of the effect of the education, training, or enhancement, or the amount reimbursed pursuant to this section, on the circumstances of the parties for the purpose of an order for support pursuant to Section 4320. (e) This section is subject to an express written agreement of the parties to the contrary. Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Francisco Part 8 Jointly Held Separate Property Alameda . Division of jointly held separate property Alameda . Division of jointly held separate property Text In a proceeding for division of the community estate, the court has jurisdiction, at the request of either party, to divide the separate property interests of the parties in real and personal property, wherever situated and whenever acquired, held by the parties as joint tenants or tenants in common. The property shall be divided together with, and in accordance with the same procedure for and limitations on, division of community estate. Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer Francisco Part 9 Real Property Located in Another State 2660. Division where community estate includes real property located in another state 2660. Division where community estate includes real property located in another stateText (a) Except as provided in subdivision (b), if the property subject to division includes real property situated in another state, the court shall, if possible, divide the community property and quasi–community property as provided for in this division in such a manner that it is not necessary to change the nature of the interests held in the real property situated in the other state. (b) If it is not possible to divide the property in the manner provided for in subdivision (a), the court may do any of the following in order to effect a division of the property as provided for in this division: (1) Require the parties to execute conveyances or take other actions with respect to the real property situated in the other state as are necessary. (2) Award to the party who would have been benefited by the conveyances or other actions the money value of the interest in the property that the party would have received if the conveyances had been executed or other actions taken. Marin Mateo divorce ch 162 10 (Oakland Alameda ),Jose Attorney 1, lawyer |
Many years ago, the State of California changed the legal name of a divorce to "dissolution of marriage." Despite the name change, most people, including most San Francisco Bay Area lawyers still call it divorce. In the old days, you needed to prove "fault" to get a divorce. Fault meant, among other things, that one party to the marriage had been unfaithful. However, now in California you just have to show "ireconcilable differences" to get a divorce. The section of California Law that applies to divorce actions is called the "Family Code." Some of the Family Code is listed at the bottom on this page.|
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