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California Law - What is The Overall Approach to Property Division? California is a Community Property state. All property is divided into three groups: his " separate property ", her "separate property", and "community property". Separate property generally remains with the party who owns it. There is one major exception, and it relates to the family home. The court may require that the home not be sold for awhile, in order to provide a place to live for one spouse and the children. All community property (or quasi-community property ) is divided equally. This makes the court's property division depend heavily on the legal definitions of "community property" and "separate property". Of course, the parties are free to agree upon any other division, if they like, and parties often do. Section 2550.
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top California divorce law page. Click here for the California divorce legal table of contents. | |||||||||||||||||||||||||
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