PROPERTY ISSUES:
COMMUNITY PROPERTY: California is a community property state. This means that all assets obtained and obligations incurred during the marriage are community property and subject to an equal division upon dissolution of the marriage.
The only exceptions to community property are items that are brought into the marriage (separate property) acquired after the separation or inherited.
There are many, many issues regarding division of community property. It does not matter who paid for the asset from their earnings (earnings during marriage are community property) or in whose name those asset are held. If it is acquired during the marriage (other than inheritance) it is a community asset.
Many times the parties have co-mingled separate and community assets. Commonly one party will use a separate asset to put a down payment on the parties residence. Under certain circumstances that party will be entitled to a reimbursement of that down payment.
Upon the dissolution of the marriage the debts of the marriage are divided between the parties. It does not matter if the debt is for something used exclusively by one party. Absent certain circumstances, the debts incurred during the marriage are divided upon the divorce. One exception is if the debt is related to an asset awarded to one party. That party must pay that debt without offset. For example, if you are awarded an automobile with a payment thereon, you must make the payment and the other party is not responsible for any portion of that debt.
