Property Division FAQ
Ask Our Property Division Attorneys
At Griffith, Young & Lass, we recognize that property division in divorce can get complicated rather quickly, despite California’s community property laws. To help you better understand and prepare for the process, we’ve compiled answers to some of the questions we receive most often about the property division process in California. Keep reading to learn more!
What does community property mean?
Community property is all property acquired by either party during the
marriage, except gifts and inheritances.
What if I brought assets into the marriage?
Assets owned prior to marriage are separate property. However, in certain
circumstances, the marital community can acquire an interest in the separate
property of one spouse. One example is when mortgage payments are made
with community income on a separate property house after the date of marriage.
What if my spouse signed over the house title to me?
In California, title of a house does not generally control on the issue
of ownership in divorce cases. In fact, if one spouse signs over title
of a marital asset to the other during the marriage, there is a presumption
of undue influence that must be rebutted by the spouse asserting sole
ownership of the property.
What if we have separate bank accounts and credit cards?
If the money was earned during the marriage, then it is divided in half
upon dissolution of the marriage. If the debt was accrued during the marriage,
then it is divided in half upon dissolution of the marriage. Unless you have a
prenup, then the name on the account makes no difference.
Who gets to keep the house?
Two things can happen to a marital house: it can be sold with the proceeds
divided, or one party can purchase the other party’s interest from
them. If both parties want to keep the house, then it will generally be
ordered sold.
How is a pension divided?
In California, a pension is divided by calculating the community interest
and awarding the non- employee spouse his or her half. The formula used
is called the “time rule” or the Brown Formula and considers
the overlap of marriage and time served with the company. The community
is only entitled to a pro-rate share of the pension and does not get credit
for working years during which the parties were not married.
More questions? Give us a call at (858) 371-5569 or contact us online to schedule an appointment at our Carlsbad office.

Meet Our Team
Honest. Fearless. Bold.-
John N. Griffith, Esq., CFLS John N. Griffith, Esq., CFLS
Partner
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Catie E. Young, Esq., CFLS Catie E. Young, Esq., CFLS
Partner
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Amy J. Lass, Esq., CFLS Amy J. Lass, Esq., CFLS
Partner
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Shirin Asgari, Esq., CFLS Shirin Asgari, Esq., CFLS
Associate
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Noelle J. Slattery, Esq. Noelle J. Slattery, Esq.
Associate
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Eric Cowdery, Esq. Eric Cowdery, Esq.
Associate
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Joshua Yee, Esq. Joshua Yee, Esq.
Associate
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Shaudi Malekzadeh, Esq. Shaudi Malekzadeh, Esq.
Associate
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Lea Trojanowski, Esq. Lea Trojanowski, Esq.
Associate
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Greyson Sharp, Esq. Greyson Sharp, Esq.
Associate
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Brittany Van Ryder, Esq. Brittany Van Ryder, Esq.
Associate
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Karissa Piralla, Esq. Karissa Piralla, Esq.
Associate

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