Dividing your property during a divorce isn't always going to be easy, but with California's community property laws, you are in a good position to receive at least half of your marital assets. This protection is designed to help you get an equal share of your assets, since a married couple is seen as a partnership with equal involvement.
While this might not be fair for some, it can be a great way to guarantee that you don't settle for too little if you weren't the higher earner in the marriage or would otherwise be at a disadvantage. Having community property laws means that you won't be left with nothing or end up with an inequitable share of your assets.
Can there still be complications when seeking your share of the assets?
Yes, but the complications may be different than they'd be in an equitable distribution state. For instance, in an equitable distribution state, a couple needs to work out how they want to split the marital estate. That isn't necessary for you; You're guaranteed 50%. If you want more, then you will need to negotiate with your spouse.
Getting 50% of your assets won't necessarily be simple, though. Actually dividing what you have could be complex. For example, if 60% of your assets are tied up in the marital home, then you may have to sell to be able to split the property's value.
Property division can be a complex issue. Our website has more on how you can protect your half assets and get what you want out of your marital estate.