§1.03 Parties' Agreement

The parties may agree in writing or by oral stipulation in open court to divide the property in any fashion they wish, and the division is not required to be equal. [FC §2550; Marriage of Cream (1993) 13 CA4th 81, 87.]

An oral stipulation must be in open court. An executed, private oral agreement to divide the community property is not enforceable in a dissolution proceeding. A party may ratify such an agreement even after being advised by his or her attorney not to do so, but you must be satisfied that the decision is knowingly and intelligently made. [Marriage of Maricle (1990) 220 CA3d 55, 58.]