General Provisions Related to the Division of Property

Division 7, Part 2, of the California Family Code concerns general provisions related to the division of property in this state.

Section 2550 provides that, with certain exceptions, in a proceeding for dissolution of marriage or for legal separation of the parties, the court is required to divide the community estate of the parties equally.

Section 2551 requires the court to characterize liabilities as separate or community and confirm or assign them to the parties.

Section 2552 requires the court to value the assets and liabilities as near as practicable to the time of trial. The court for good cause shown may value all or any portion of the assets and liabilities at a date after separation and before trial to accomplish an equal division of the community estate of the parties in an equitable manner.

Section 2553 authorizes the court to make any orders the court considers necessary to carry out the purposes of this division.

Section 2554 allows the division of the community estate to be submitted by the court to arbitration if the total value of the community and quasi-community property in controversy in the opinion of the court does not exceed $50,000. The decision of the court regarding the value of the community and quasi-community property for purposes of this section is not appealable.

The court may submit the matter to arbitration at any time it believes the parties are unable to agree upon a division of the property.

Section 2555 states that the disposition of the community estate is subject to revision on appeal in all particulars, including those which are stated to be in the discretion of the court.

Section 2556 provides that, for nullity of marriage, or for legal separation of the parties, the court has continuing jurisdiction to award community estate assets or community estate liabilities to the parties that have not been previously adjudicated by a judgment in the proceeding.

In addition, a party may file a postjudgment motion or order to show cause in the proceeding in order to obtain adjudication of any community estate asset or liability omitted or not adjudicated by the judgment. In these cases, the court is required to equally divide the omitted or unadjudicated community estate asset or liability, unless the court finds upon good cause shown that the interests of justice require an unequal division of the asset or liability.