Who decides how the property gets divided?
The parties may get together and decide. If they enter into a property settlement agreement, this may either be a separate document or included in the Final Decree of Divorce. If no agreement can be reached, then there is a contested hearing and the court will make a “fair and equitable” division of the community estate. Usually, this ensures a 50 / 50 division but other factors may be considered, such as fault in the break-up of the marriage and disparate earning capacity, among other factors.
