Probably not. The essence of community property system like that that exists in California is that any property acquired during the marriage is presumed to be community, meaning it is presumed that each spouse has an undivided 50% interest in that property. At the time of divorce, all of that community property is going to get divided 50/50.
Now, there are some exceptions, but they are very limited. So, if you were the spouse who went to work all day, every day, during the marriage and you feel that there is an injustice now that there is a divorce, you are just going to have to accept that your personal position is inconsistent with the law that has existed in California forever.
John Harding is the principal of the law firm of Harding & Associates in Northern California. He practices family law litigation and divorce mediation exclusively.
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