CALIFORNIA FAMILY LAW
...Community Property Issues
......Division of C/P
.........Methods of Division
............Asset Distribution Method
10 Cards On This Topic:
  • Asset distribution method defined.
  • Asset distribution method described.
  • Court not required to divide assets in-kind.
  • Court may consider personal nature of assets in making property division.
  • H properly assigned risky $986,714 promissory note when loan violated fiduciary duty.
  • Proper to award high risk assets to spouse better able to afford risk.
  • Proper to award business to spouse better qualified to run it.
  • Stock in closely held corporation may be awarded to operator spouse irrespective of request by other spouse to divide in-kind.
  • Trial court reversed for not ordering stock in nationally traded company divided in-kind.
  • Award of note from H's brother, who had disappeared, to H, affirmed over H's objection.