Property Division FAQs

• I had an affair. My wife says I am at fault for our divorce, and she plans to take all the property in the divorce. Will she get everything?
• If I move out of our home during our divorce, will I lose my rights to it?

I had an affair. My wife says I am at fault for our divorce, and she plans to take all the property in the divorce. Will she get everything?

No. California has been a “no-fault” state since 1970. As such, fault is no longer grounds for divorce in California. The law is clear that any community property belonging to the parties will be equally divided between them.

If I move out of our home during our divorce, will I lose my rights to it?

No. However, you may lose the ability to continue to reside in the home if the issue goes to court. Leaving the marital residence may also prejudice your rights with respect to issues of custody if the children are residing in the residence. Before moving out of the residence (absent a legitimate fear of your safety), you should first consult with an attorney to evaluate the particular facts of your case.