If I was married for less than one year what is the fair way to divide our property?

Full question:

I only married for a short time for one year marriage; however, because of my husband's viloence I filed the divorce. We have one child. How can we divide our property if we only have this short marriage?

• Category: Divorce
• Subcategory: Property Settlements
• Date: 04/07/2025
• State: California

Answer:

California’s system for dividing a married couple’s property in the event of a divorce is referred to as a “community property” system. This means that during a divorce proceeding, California courts will divide the “community” property of the parties equally after setting aside to each spouse that spouse's separate property. Community property is presumed to be all property or income acquired by the parties during the marriage and held in joint form. This presumption may be rebutted by a clear statement in the title to the property that the property is separate and not community property or by a written agreement that the property is separate property. Thus, everything a husband and wife acquire once they are married is owned equally (fifty-fifty) by both of them, regardless of who provided the money to purchase the asset or whose name the asset is held in, with the exception of inheritances, specific gifts to one of the spouses, and property and profits clearly traceable to property owned before marriage, all of which is considered separate property. Generally, separate property acquired before the marriage or by gift or inheritance during the marriage may be excluded from the marital estate if neither the property nor its income has been used for the common benefit of the parties during their marriage. If the parties occasionally use an item of separate property for the benefit of both parties, the property may be subject to division. Where the parties regularly use property acquired by one party before marriage for the common benefit of the parties, it is more likely to be available for consideration in dividing property. The frequency of use may be considered by the court in making the decision. By agreement or action the married couple can turn separate property into community property, including by commingling community and separate funds in one account.

Community property also recognizes the equal contribution of both parties to the marriage even though one or the other may earn more income through employment. If alimony is sought, the length of the marriage may be a factor considered by the court in determining the amount of alimony to be awarded.