Equitable Distribution and Communal Property

The division of property during is one of the most important issues anyone has to face during divorce proceedings. It can be stressful to have to divide everything that you own. California is one of the nine states which follow a communal property regime. Unlike other states, whose divorce laws stem from England’s common law system, California’s divorce system descends from Mexican law.

California has a very particular divorce system, unique from virtually every other state. If you are going through a divorce in California, the San Jose divorce attorneys at the Law Office of Daniel Jensen, P.C. may be able to help secure the property division you want. To learn more about what we can do for you, contact us today by calling 408-296-4100.

California Communal Property

In most states, the concept of “equitable division” signifies a fair split in the property, meaning a division that gives more property to a spouse with a lower earning potential, or other financial considerations. However, in California, state law strictly mandates a 50-50 split in property, making it an equal division.

While the courts of California are instructed to divide the property equally rather than equitably, the same state statute allows for agreements or oral stipulations between the spouses in court to divide the property otherwise. If an agreement is not reached, the courts will work to divide the property in as equal a split as possible.

Contact Us

If you or someone you love is going through a divorce, the San Jose divorce lawyers of the Law Office of Daniel Jensen, P.C. may be able to help. To learn more, contact us today by calling 408-296-4100.