If a couple is getting divorced in a community property state, what are the factors or circumstances that could result in one party getting a greater share of the marital estate than the other party?
What will be an ideal response?
Deviations might be allowed based upon dissipation of community assets by one spouse, or, in Nevada, simply based upon a just outcome (taking the length of marriage and relative involvement in maintaining assets). Offsets can be made, so that even if the property retained by each was comparable at the time of division, one asset might appreciate at a faster rate than the other, creating a value gap. Generally, the net value must be equal, not an even division of each asset. In California, spouses may agree to modify the division of assets.
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