Skip to main content
Find a Lawyer

Division of Property upon Divorce

This article was edited and reviewed by FindLaw Attorney Writers

| Last reviewed
Legally Reviewed

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

Fact-Checked

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

What is Community Property?
It is presumed that all property acquired by the parties during the marriage is community property.

What is Separate Property?
Separate property is that property owned by a spouse prior to marriage or acquired by a spouse during marriage by gift or inheritance. If new property is acquired with separate property, the new property usually maintains its separate character.

Does the judge divide Community Property and Separate Property at the time of divorce?
No. The judge can only divide the parties community property. The judge cannot take away a spouse's separate property.

How is the property divided?
The judge divides the community property and liabilities in a "just and right" manner. In some circumstance the judge may award more of the community property and/or the liabilities to one of the spouses.

Was this helpful?

Copied to clipboard