Division of assets

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Division of assets

We were divorced in California in 2007. We agreed between us on spousal support
payments. But we were not able to agree on the division of assets. There is one
large asset remaining. We are joint owners of a condominium. Is it possible for
a court to order the sale of the condo. If so, can the court ward her 100 of
the net proceeds?

Asked on March 21, 2018 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

So you know that California is a Community Property state so jointly held assets are divided between spouses 50/50.  However, that division could be affected by marital misconduct and credits could be given for payments made that should have been marital made by one spouse (repairs, mortgages, etc.).  Generally a court can order the sale of the condo after the parties are divorced. Good luck.


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