In a community property state, can a divorce result in a non-50/50 split?

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In a community property state, can a divorce result in a non-50/50 split?

In CA, when a spouse is severely neglecting their duties toward the family, and/or is verbally and emotionally abusive, can the property be distributed in a manner that is not 50/50?

Asked on May 2, 2011 under Family Law, California

Answers:

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

Answered 10 years ago | Contributor

Although each spouse has a one half interest in community property, the spouses can agree to an unequal division of the community property.  Given the behavior of the spouse you mentioned, it may be difficult to get that spouse to agree to an unequal division of the community property.


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