Division of Communal Property

Division of Communal Property

California is a communal property state – what happens when it needs to be divided?

According to Family Law Code Division 7, the separation of community property can be a complicated matter. The powers of the court, as explain in section 2600 in division 7, allows for the court to decide whether all the property, part of the property or none of the property is divided among those who live on or own it. In some cases, as to maintain notions of fair play and substantial justice, all the property could be awarded to one owner. The more likely case, however, will have the property divided in such a way that the courts thinks everyone has their fair share depending on, but not limited too, their work with it, the work they have done with it, necessity for life and circumstances of life beforehand. As always, getting an attorney to argue your side is of the utmost importance when dealing with the separation of property, communal or not. 

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Scott Tibbedeaux

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Stockton, CA 95202