What property and debt are divided in a divorce?

 

Community property and debt are divided in a divorce. Separate property and debt are not divided.

At the end of your case, a judge will divide your property and debt by signing a Final Decree of Divorce, which will list:

- the community property each spouse will keep or in some cases order community property (such as a house) to be sold and state how the proceeds should be split,

- the separate property (if any) of each spouse,

- the debts each spouse is ordered to pay.

The Final Decree of Divorce will also:

order that the community property retirement benefits of each spouse will be either:

- given 100% to the spouse who earned the benefits or

- divided between the spouses.

Note: The Final Decree of Divorce will divide your property and debt, but you may need to take additional steps after the divorce to transfer vehicle titles or real estate deeds.