Community property and community debts are supposed to be divided in a manner the court deems just and right, having due regard for the rights of each party and any children of the marriage.   This does not mean that community property or debt must necessarily be equally divided.  The judge dividing community property and debt may consider factors, such as the size of your and your spouse's separate estates and any fault causing the divorce.

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Q: How does the court divide the property and debts?

A: Community property and community debts are supposed to be divided in a manner the court "deems just and right, having due regard for the rights of each party and any children of the marriage."

This does not mean that community property or debt must necessarily be equally divided. The judge dividing community property and debt may consider factors, such as the size of your and your spouse's separate estates and any fault causing the divorce.


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