FC section 2601 - "Conditional Award of Community Assets"

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.

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