06/02/2026
Property division starts with collecting data on the assets and debts that exist. Once the assets and debts are identified the next question turns to the property character. Some relevant questions regarding whether an asset is a separate property asset are whether it was a separate property asset, owned prior to marriage, given as a gift at any time, or is it rent from an asset owned before marriage? If it is community property, was it acquired during marriage using community income?
Once a property’s character is established, the next issue is the asset’s value. The value can be established by appraisal or agreement.
After the character and valuation are established, the assets and debts are divided. In California, community property assets or debts are typically divided equally. However, in the Collaborative Divorce process, you can agree upon a property division that deviates from the division a separate or community property label might dictate.
For more information, click the link in our profile or visit https://campbellfamilylaw.com/family-law-services/property-division/
