Conditional Awards of Community Property
Section 2601 augments the power of the family court bench officers to divide
community property equally, as is required by
FC section 2550. I sometimes hear a client say that they want an asset sold (the home,
for instance) before their spouse or domestic partner should get the asset,
typically where a particular property carries strong emotional attachments
and reactive triggers. Judges don't have to cut the baby "in
half" so long as other assets exist that can ensure an equal overall
distribution of the community estate.
Who gets the Family Residence - You Cannot Cut it in Half!
CALIFORNIA FAMILY CODE
DIVISION OF PROPERTY
SPECIAL RULES FOR DIVISION OF COMMUNITY ESTATE
Family Law Section 2601
Where economic circumstances warrant, the court may award an asset of the
community estate to one party on such conditions as the court deems proper
to effect a substantially equal division of the community estate.