Legal Question in Family Law in California

Re: What if husband & wife agree on desired (but unequal) property split?

The division will need to be made in writing and it is best that there be a written waiver of the right to an equal division. Unless the total community property is less than $20,000, I would suggest that you have the matter reviewed by and the written agreement prepared by an attorney. There are legal exceptions to an equal division of property and debts. Pat McCrary

Reply: What if husband & wife agree on desired (but unequal) property split?

When it comes to allocating assets and debts, it is whatever you agree upon, as long as you understand that you are entitled to 550\50 and may not be getting it.

When in doubt, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Re: What if husband & wife agree on desired (but unequal) property split?

Generally, the parties can agree on whatever split on which they agree provided neither party has been coerced or deceived. You should check with your tax advisor if the split is unequal as there may be unforeseen tax consequences.

Re: What if husband & wife agree on desired (but unequal) property split?

Husband and wife can divide the property in any manner in which they desire. The court will accept the division unless it appears that one spouse is being forced into the agreement. However, a less than equal division of the community property could result in a tax consequence to the parties. The extent of the tax consequence would depend upon the dollar amount involved.