Part 4. Special Rules For Division Of Community Estate of California Family Law Code >> Division 7. >> Part 4.
Notwithstanding Sections 2550 to 2552, inclusive, the court
may divide the community estate as provided in this part.
Where economic circumstances warrant, the court may award an
asset of the community estate to one party on such conditions as the
court deems proper to effect a substantially equal division of the
As an additional award or offset against existing property,
the court may award, from a party's share, the amount the court
determines to have been deliberately misappropriated by the party to
the exclusion of the interest of the other party in the community
(a) "Community estate personal injury damages" as used in
this section means all money or other property received or to be
received by a person in satisfaction of a judgment for damages for
the person's personal injuries or pursuant to an agreement for the
settlement or compromise of a claim for the damages, if the cause of
action for the damages arose during the marriage but is not separate
property as described in Section 781, unless the money or other
property has been commingled with other assets of the community
(b) Community estate personal injury damages shall be assigned to
the party who suffered the injuries unless the court, after taking
into account the economic condition and needs of each party, the time
that has elapsed since the recovery of the damages or the accrual of
the cause of action, and all other facts of the case, determines
that the interests of justice require another disposition. In such a
case, the community estate personal injury damages shall be assigned
to the respective parties in such proportions as the court determines
to be just, except that at least one-half of the damages shall be
assigned to the party who suffered the injuries.
The court may, if there is a judgment for civil damages for
an act of domestic violence perpetrated by one spouse against the
other spouse, enforce that judgment against the abusive spouse's
share of community property, if a proceeding for dissolution of
marriage or legal separation of the parties is pending prior to the
entry of final judgment.
If the net value of the community estate is less than five
thousand dollars ($5,000) and one party cannot be located through the
exercise of reasonable diligence, the court may award all the
community estate to the other party on conditions the court deems
proper in its judgment of dissolution of marriage or legal separation
of the parties.