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The Distribution of Assets and Debts on Dissolution

Learn how separate property, community property, quasi-community property, and debts are allocated between spouses upon dissolution.

Transcript

A key component in dissolution is dividing and distributing the spouses’ property. Ideally, courts prefer that spouses reach an agreement between themselves. They have broad discretion to determine how to divide assets and debts if they do so in a written, stipulated agreement. The division need not be equal. But in many cases, spouses can’t agree. It then falls to courts to divide assets and debts. Let’s take a closer look at how that works.

 I. The Basics

Two key rules form the...

Lessons

1. Welcome to California Community Property
  • Welcome to California Community Property
2. Property in the Marriage Context
  • Creation of the Marital Economic Community
  • Community Property Versus Separate Property
  • The Characterization Process
3. Characterizing Property
  • Work-Related Compensation
  • Business Interests
  • Other Personal Property
  • The Marital Home
  • Title Forms for Real Property
4. Management, Control, and Liability
  • Management and Control of Personal Property
  • Management and Control of Real Property
  • Fiduciary Duties
  • Liability for Debts
5. Modifying Rules by Agreement
  • Premarital Agreements
  • Defenses to Premarital Agreements
  • Transmutation Agreements
6. Distribution on Dissolution or Death
  • The Dissolution Process
  • The Impact of Separation
  • The Distribution of Assets and Debts on Dissolution
  • Spousal and Child Support
  • The Distribution of Assets and Debts on Death
7. Nonmarital Relationships Affecting Property
  • Registered Domestic Partnerships
  • Void and Voidable Marriages
  • Marvin Relationships