Is it mandatory to split real estate 50/50 in a community property state?

If not, how do you get around the 50/50 law?

Asked on December 17, 2015 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Community property is property acquired during marriage.  Each spouse has a one half interest in the community property.
Separate property is property acquired before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.
Although each spouse has a one half interest in community property, they can agree to an unequal division of community property.  A written agreement to that effect will provide evidence of the parties agreeing to an unequal division of community property.


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