Division of assets
In your divorce action, unless you come to an agreement with your spouse, the court will divide all of your community property.
The court can't dispose of your separate property, but it can apportion community and separate property interests in different assets. Generally, the judge will divide your community assets "equally." That means that you and your spouse will receive a net estate that is equal. The net estate is assets minus your debts. There are certain exceptions to the general rule. 1. You can make an agreement with your spouse to divide up your assets and are not limited by the equal-division role. 2. The court may give one spouse more assets if their ex-spouse stole some of their assets. 3. Personal injury damages will usually be given to the injured spouse. 4. Civil money damages awarded against a spouse for their acts of domestic violence against the spouse can be taken out of community property.
|
