Property Division in California
Dividing assets during a divorce can be one of the most stressful and complex aspects of the process. Who gets the house? How are retirement accounts split? What happens to debts? In California, property division follows community property laws, meaning assets acquired during the marriage are typically split 50/50—but there are many exceptions and legal nuances that can affect your case.
At The Law Office of Luna Stevenson, we help clients navigate property division disputes with confidence and clarity. Whether you have significant assets or complex financial holdings, we work to ensure a fair and strategic distribution of marital property.
Understanding California’s Community Property Laws
- Marital property (assets acquired during the marriage) is generally split 50/50 between both spouses.
- Separate property (assets owned before the marriage, inheritances, or gifts) remains with the original owner.
- Debts acquired during the marriage are also split equally, unless proven otherwise.
- Courts may consider financial misconduct, hidden assets, or other factors when determining the final division.
In California, the following assets are typically subject to division:
Real Estate
Family homes, vacation properties, rental properties.
Bank Accounts & Investments
Checking/savings accounts, stocks, bonds, mutual funds.
Retirement & Pension Plans
401(k)s, IRAs, pensions earned during the marriage.
Business Interests
Family-owned businesses, partnerships, or professional practices.
Vehicles & Personal Property
Cars, boats, jewelry, collectibles, and household items.
Debts & Liabilities
Credit card debt, mortgages, loans, and tax obligations.
FREQUENTLY ASKED QUESTIONS
About Property Division
What is considered separate property in California?
Property owned before marriage, inheritances, and gifts (if kept separate) are typically not divided in a divorce.
How do courts divide marital debt?
Debt accumulated during the marriage is usually split equally, but courts may adjust based on fairness.
Can I negotiate property division outside of court?
Yes. Many couples reach agreements through mediation or negotiation instead of court battles.
Do I have to sell my house if we divorce?
Not necessarily. Options include buyouts, co-ownership, or selling the property.
How do I protect my business in a divorce?
A business valuation will determine its worth, and we can negotiate buyout options or asset offsets.
Why Choose The Law Office of Luna Stevenson?
Expertise in California Property Division Laws.
We navigate complex financial disputes with precision.
01
Strategic Asset Protection
We ensure a fair and equitable distribution of marital property.
02
Litigation & Negotiation Experience
Whether through settlements or court battles, we fight for you.
03
Bilingual Legal Services (Mandarin & English)
Clear communication in your preferred language.
