Who gets the property in a divorce in California ?
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My wife and I moved to California shortly after our marriage. After 20 years, we have decided to divorce and cannot decide how to divide our assets. I have always heard a lot of talk about community property but have never understood what it means. Who gets the property in a divorce in California?
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In divorce actions in the United States property is divided in two ways, equitable division or community property. In states that use equitable division, the court will divide the marital estate in a manner it considers fair but not necessarily equal after considering the parties, age, education, ability to obtain additional assets and current income. In community property states, any property obtained during the marriage regardless of how it is titled, who earned it, or how either party contributed to it is considered marital property. The value of the property is determined and it is split between the parties 50/50.
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Posted by Edith Hull on 25 Jan 2010
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