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Community & Separate Property

Property Division Attorney in Beverly Hills

California is a community property state. Identifying, valuing, and dividing the marital estate — including real estate, retirement accounts, and business interests — is often the most financially significant part of a divorce. Bolour Law, P.C. handles complex characterization and division with precision.

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Community vs. separate property

Assets acquired during marriage are generally community property. Property owned before marriage or received by gift or inheritance may be separate, though tracing and commingling issues often arise.

Valuation challenges

Real estate, stock portfolios, pensions, and business interests require accurate valuation dates and methodologies.

Division strategies

Courts may order sale, offsetting awards, or structured buyouts depending on liquidity and tax considerations.

Reviewed by Rebecca Bolour, Esq.

Common Questions

Frequently asked questions

What is community property in California?

Generally, property earned or acquired during marriage belongs equally to both spouses, subject to exceptions for separate property and agreements.

How are retirement accounts divided?

Qualified domestic relations orders (QDROs) often divide 401(k) and pension benefits without immediate tax penalties when structured correctly.

Who keeps the house?

That depends on equity, support needs, children's stability, and whether one spouse can buy out the other's interest or the property must be sold.

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