Part 2. General Provisions of California Family Law Code >> Division 7. >> Part 2.
Except upon the written agreement of the parties, or on oral
stipulation of the parties in open court, or as otherwise provided in
this division, in a proceeding for dissolution of marriage or for
legal separation of the parties, the court shall, either in its
judgment of dissolution of the marriage, in its judgment of legal
separation of the parties, or at a later time if it expressly
reserves jurisdiction to make such a property division, divide the
community estate of the parties equally.
For the purposes of division and in confirming or assigning
the liabilities of the parties for which the community estate is
liable, the court shall characterize liabilities as separate or
community and confirm or assign them to the parties in accordance
with Part 6 (commencing with Section 2620).
(a) For the purpose of division of the community estate upon
dissolution of marriage or legal separation of the parties, except as
provided in subdivision (b), the court shall value the assets and
liabilities as near as practicable to the time of trial.
(b) Upon 30 days' notice by the moving party to the other party,
the court for good cause shown may value all or any portion of the
assets and liabilities at a date after separation and before trial to
accomplish an equal division of the community estate of the parties
in an equitable manner.
The court may make any orders the court considers necessary
to carry out the purposes of this division.
(a) Notwithstanding any other provision of this division, in
any case in which the parties do not agree in writing to a voluntary
division of the community estate of the parties, the issue of the
character, the value, and the division of the community estate may be
submitted by the court to arbitration for resolution pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of
the Code of Civil Procedure, if the total value of the community and
quasi-community property in controversy in the opinion of the court
does not exceed fifty thousand dollars ($50,000). The decision of the
court regarding the value of the community and quasi-community
property for purposes of this section is not appealable.
(b) The court may submit the matter to arbitration at any time it
believes the parties are unable to agree upon a division of the
The disposition of the community estate, as provided in this
division, is subject to revision on appeal in all particulars,
including those which are stated to be in the discretion of the
In a proceeding for dissolution of marriage, for nullity of
marriage, or for legal separation of the parties, the court has
continuing jurisdiction to award community estate assets or community
estate liabilities to the parties that have not been previously
adjudicated by a judgment in the proceeding. A party may file a
postjudgment motion or order to show cause in the proceeding in order
to obtain adjudication of any community estate asset or liability
omitted or not adjudicated by the judgment. In these cases, the court
shall equally divide the omitted or unadjudicated community estate
asset or liability, unless the court finds upon good cause shown that
the interests of justice require an unequal division of the asset or