CALIFORNIA FAMILY LAW
...Community Property Issues
......Division of C/P
.........Methods of Division
............Stipulations
 8 Cards On This Topic:
  • Court may divide c/p pursuant to written agreement or stipulation in open court.
  • The court’s only role with regard to a proper stipulated disposition of marital property is to accept the stipulation and, if requested, incorporate the disposition into the judgment.
  • The court’s only role with regard to a proper stipulated disposition of marital property is to accept the stipulation and, if requested, incorporate the disposition into the judgment.
  • Court has no role in approving or disapproving of stipulations to divide property.
  • Stipulation as to value of asset is binding, even if inaccurate.
  • MSA is binding on trial court and, absent defenses, court may not modify.
  • Courts in divorce actions will carefully scrutinize parties' agreements, especially where parties not represented by counsel.
  • Court permitted to disregard parties’ stipulation as to character of an asset


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