A 50/50 split of community property is not guaranteed. However, you must present some compelling evidence to get a different distribution from the court.
Here is what happens in the two steps that affect the distribution of your assets during divorce.
A lawyer classifies your assets
First, a lawyer classifies your property and debts as joint or belonging to an individual. Some assets may be both. These are commingled assets. Here are some common examples of community and separate property:
- Anything acquired during the marriage is community
- Inheritances are separate
- Gifts to one spouse are separate
- Anything from before the wedding is separate
- Anything received after the date of separation is separate
However, there may be some exceptions to these rules in complex cases. You should consult with an experienced divorce lawyer. They have the most up-to-date information.
The state divides your assets
The way the court divides your assets influences how it distributes them. Because you have community property does not mean you will get a 50/50 split of these assets. It is just unlikely that you will divide it any other way. A non-equal division can occur because one spouse made a much greater financial contribution, is older or incapable of working, causes the marriage to deteriorate or wastes money knowing a divorce is coming.
Remember that because an asset has your name on it does not make that item yours. Even though you worked for the money, it is not yours. The court will divide your community property. This does not have to be a 50/50 split every time.
