The property division stage of divorce is undoubtedly one of life’s most challenging experiences. While high-value assets can introduce contention, it is often the personal or sentimental forms of marital property that cause the most disputes.
In California, a community property state, these decisions are governed by specific laws designed to ensure a fair distribution. Here are some essential tips to help make this process as smooth as possible.
Understand community property
In California, the law presumes all property acquired during the marriage is community property and should be divided equally. This includes household items such as furniture, electronics and kitchen appliances. It is important to differentiate between community and separate property, the latter being items acquired before marriage, after separation or by gift or inheritance.
Create an inventory
Begin the process by making a comprehensive list of all household and personal items. This inventory should include descriptions, estimated values and notes on any items of sentimental value. Having a clear picture of what needs to be divided can help facilitate negotiations and reduce the risk of overlooking anything important.
Fair division strategies
For household and sentimental items, aim for a fair and equitable split. One approach is to categorize items by type (furniture, appliances, electronics, heirlooms, etc.) and then take turns selecting items from each category. Alternatively, you could assign values to each item to help ensure that both parties receive a roughly equal total value.
The tips here can help if you and your spouse are able to cooperate with one another. If there is contention, these tips can still help, but you may need legal guidance to keep things fair, honest and on track.