Family Court: Dividing Property
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§1.05 Other Exceptions to Equal Division

If one party deliberately misappropriated community assets to the exclusion of the other party's interest in them, you may divide the community property unequally to the extent necessary to reimburse the other party. This award is an additional award or offset against existing property. [FC §2602.]

Tip

You may also award all the community estate to one party on conditions you deem proper if [FC §2604]:

  • The net value of the community estate is less than $5,000, and
  • The other party cannot be located through the exercise of reasonable diligence.

If there is a judgment for civil damages for an act of domestic violence perpetrated by one spouse against the other spouse, you may enforce that judgment against the abusive spouse's share of community property. [FC §2603.5.]

Finally, if a spouse is convicted of attempted murder of the other spouse, the victim spouse is entitled to 100 percent of the community property interest in his or her retirement and pension benefits. [FC §782.5.]

   

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