How are property and debts divided at the time of the divorce?
Generally, community property is divided equally under California law, and separate property usually remains with the spouse who actually owns or inherited it. Debts incurred during the time of the marriage are community property debts and are generally also divided equally. The best possible course of action is for the divorcing couple to make these decisions regarding division of property and assets themselves. Because of the the volatility and emotional toll that sometimes surrounds divorce, it is not uncommon for this sometimes to be handled through mediation. The last resort would be to have these decisions made by a judge. California is a community property state, where all property is classified as community (owned by both spouses) or as the property of one spouse alone. Community property means all earnings earned during, and everything acquired during the time of the marriage.
