In a dissolution of marriage, California family law courts are empowered to allocate assets of comparable value to the former husband and wife to make the overall division of the gross marital estate substantially equal.  It need not divide each asset.  For example, when dividing a business might impair its value, the court will generally preserve the ongoing business interests if the court can still make an overall equal division of the marital estate.

If you and your spouse own a home together and one spouse continues to reside in the home after separation, that spouse could owe “rent” to the community, subject to an offset for payment of the costs of the home.  If one spouse pays on community debts after separation, he or she will generally be reimbursed for those payments.  An exception might apply if the debt payments are made in lieu of support.

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