Family Court: Dividing Property
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I. Equal Division

§1.01 Procedural Setting

Once you have characterized property of a marriage as community or separate, you generally divide the community property equally between the spouses, and confirm the separate property of each spouse. Issues relating to the division of community property and the assignment of community debts may arise at different procedural settings, for example, on a motion, at a bifurcated hearing, or at trial.

The pleadings usually define the scope of the assets and debts at issue. [See, e.g., FL-100 (petition), FL-120 (response), FL-160 (property declaration).]

You may order the joinder of any person or entity claiming an interest in property or an employee benefit plan. [See FC §2021; CRC 5.150, 5.154(a).]

   

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