Dividing Community Property

Generally, any property that is acquired during the marriage is classified as community property.


Some assets that will be evaluated as community property include:

  • Any income either party received from employment
  • A house or any other real estate purchased during the marriage
  • Vehicles purchased during the marriage
  • Unemployment compensation
  • Any recovery from a personal injury claim for lost earnings or lost wages
  • Joint checking and savings accounts
  • Contributions to pension plans, 401(k)s and other retirement plans

Any asset, liability or another property that is classified as community property will be divided by the trial court in a manner it determines as "just and right." A "just and right" division does not necessarily mean that each party will be awarded exactly 50 percent of the community estate. The trial court can take into consideration several circumstances when determining a just and right division, including:

  • The health of the parties
  • The age of the parties
  • The disparity between the parties' levels of education
  • The disparity between the parties' income
  • The capabilities of each party to earn income
  • The employment opportunities available to the parties
  • The disparity in each parties' amount of separate property
  • Any allegation of fault in the dissolution of the marriage
  • Any allegation of fraud in the dissolution of the marriage
  • The length of the marriage
  • Which party was awarded custody of the children
 

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or toll free at 877-283-5355

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