When a marriage ends, financial uncertainty can be one of the biggest sources of stress. If your spouse earned most of the income, controls the family finances, or has threatened to “take everything” in the divorce, you may be wondering what you could actually be left with.
Fortunately, one spouse does not simply get to decide who keeps the money, property, or other assets. California has laws governing how property is divided during divorce, and understanding those rules can help you separate threats and assumptions from what may actually happen.
At the Law Office of Stuart E. Bruers, based in Torrance and serving clients throughout Los Angeles County, Orange County, the South Bay, and the San Gabriel Valley, we help clients understand their rights and protect their financial interests throughout the divorce process.
Is Everything Divided 50/50 in a California Divorce?
California is a community property state. Generally, property and debts acquired by either spouse during the marriage are considered community property and are subject to equal division upon divorce.
Community property may include:
- Money earned during the marriage
- Bank and investment accounts
- Real estate
- Retirement benefits earned during the marriage
- Vehicles and other personal property
- Business interests
- Debts accumulated during the marriage
However, determining exactly what is community property—and what it is worth—can sometimes be complicated.
What Property Can I Keep?
Not everything a spouse owns is necessarily divided in a divorce.
Separate property generally includes certain assets a spouse owned before marriage, as well as some property received individually during the marriage, such as an inheritance or gift.
However, separate and community property can sometimes become mixed together. For example, one spouse may have owned a home before marriage but used community funds to pay the mortgage during the marriage.
Situations like these can make property division more complex and may require careful tracing of financial records.
What If My Spouse Earned All the Money?
Earning more money during the marriage does not necessarily mean that spouse owns more of the marital property.
In California, wages earned during the marriage are generally community property regardless of which spouse earned them. The same may be true of assets purchased with those earnings.
This can be especially important for a spouse who stayed home to raise children, worked fewer hours, or otherwise earned substantially less during the marriage.
What If My Spouse Controls All of Our Accounts?
Not knowing where the money is does not necessarily mean you have no rights to it.
California spouses have financial disclosure obligations during divorce. Both parties generally must provide information about their assets, debts, income, and expenses.
If you are concerned that your spouse may be hiding money or failing to disclose assets, an experienced family law attorney can help determine what additional financial information may need to be obtained.
Can My Spouse Sell or Give Away Our Property?
Trying to dispose of assets to prevent the other spouse from receiving a fair share can create serious problems during a divorce.
Once a California divorce proceeding begins and certain automatic restraining orders are in effect, there are restrictions on transferring, concealing, or disposing of property without the other spouse’s written consent or a court order, subject to certain exceptions.
If you believe your spouse is moving, hiding, selling, or giving away assets, it’s important to address the situation promptly.
What About the House?
The family home is often one of the largest assets in a divorce, but determining who ultimately receives it isn’t always as simple as deciding who wants to stay.
Depending on the circumstances, the spouses may:
- Sell the home and divide the proceeds
- Agree that one spouse will keep the home
- Buy out the other spouse’s interest
- Continue owning the property temporarily
The home’s characterization as community or separate property, available equity, mortgage obligations, and other financial considerations may all affect the outcome.
Why Experience Matters
Property division can become one of the most complicated parts of a California divorce, particularly when a marriage involves real estate, retirement accounts, businesses, investments, or questions about separate property.
With more than 30 years of family law experience, attorney Stuart E. Bruers helps clients throughout Southern California identify marital assets, understand their property rights, and work toward a fair resolution that protects their financial future.
Take the Next Step
If you’re concerned about what you may lose—or what your spouse may be entitled to—in a California divorce, contact the Law Office of Stuart E. Bruers today. We represent clients throughout Torrance, Redondo Beach, Long Beach, Beverly Hills, Pasadena, and surrounding Southern California communities, providing experienced guidance through property division and other complex divorce matters.