§3.02 In-Kind Division

When feasible, one of the more common methods for dividing community property is to award one-half to each party. [Marriage of Cream (1993) 13 CA4th 81, 88; Marriage of Brigden (1978) 80 CA3d 380, 390.] This is called an "in-kind" division.

An equal in-kind division avoids valuation problems. It eliminates the need to place a disproportionate risk of loss on either party, is impervious to charges of favoritism, and apportions the risk of future tax liabilities equally. [Marriage of Brigden, supra, 80 CA3d at 391.]