How does the Court resolve the division of property and debts?

California is a community property State. Therefore, the Court is required to divide property equally, and equitably divide community debts. During the course of the litigation, various requests will typically be made by both spouses, usually through their attorneys, to gather information about the property. Once that information has been assembled, valuations must be made on the various property items, and a proposed division is then presented to the Court at trial. Once the Court has determined the value of the property, an equal division is made. Not every item of property will be divided down the middle. Sometimes the Court will award certain property to one party, and other property to another. The key point is to create an equal division of property and equitably divide the community debts based on the total value of property and debt.

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