Notwithstanding Sections 2550 to 2552, inclusive, the court may divide the community estate as provided in this part.
Part 4SPECIAL RULES FOR DIVISION OF COMMUNITY ESTATE
Section § 2600
This law says that even though there are some general rules about dividing property in a divorce, the court has the flexibility to split the shared property differently in certain situations.
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Section § 2601
If financial circumstances call for it, a court can give one person an asset from the shared property of a couple, while making sure the overall split of assets between both people remains fair.
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 community estate.
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Section § 2602
This law allows a court to take away from one spouse's share of the property if that spouse has intentionally misused or taken money or assets in a way that harms the other spouse's interest in their shared property.
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 estate.
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Section § 2603
This law talks about how money or other assets received for personal injury damages during a marriage are handled when a couple separates. Normally, if someone gets compensated for personal injuries during the marriage, that compensation belongs to both spouses, called 'community estate personal injury damages.' However, if the assets have been mixed with other shared property, they're harder to separate. The person who got injured usually keeps those damages unless the court decides otherwise. Judges consider everyone's finances, how long ago the injury happened, and other relevant details. Even if the court splits the damages differently, the injured party gets at least half.
(a)CA Family Law Code § 2603(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 estate.
(b)CA Family Law Code § 2603(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.
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Section § 2603.5
If a spouse has been judged to owe money for causing domestic violence against their partner, the court can make them pay from their share of shared property. This is possible if the couple is in the process of divorce or legal separation before final decisions are made.
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.
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Section § 2604
If a couple's shared property is worth less than $5,000 and one spouse can't be found despite trying hard to locate them, the court can decide to give everything to the spouse they can find, under conditions the court finds suitable when ending the marriage or separating them legally.
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.
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Section § 2605
This law allows a court to make temporary decisions about who takes care of a pet during divorce or legal separation proceedings. This decision doesn't affect who will own the pet in the end. The court can also decide who gets ownership, either fully or shared, based on who is taking good care of the pet. 'Care' includes making sure the pet is not harmed and is provided with basic needs like food, water, and veterinary care. A 'pet animal' is defined as a household pet that is considered community property.
(a)CA Family Law Code § 2605(a) The court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may enter an order, prior to the final determination of ownership of a pet animal, to require a party to care for the pet animal. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the court’s final determination of ownership of the pet animal.
(b)CA Family Law Code § 2605(b) Notwithstanding any other law, including, but not limited
to, Section 2550, the court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may assign sole or joint ownership of a pet animal taking into consideration the care of the pet animal.
(c)CA Family Law Code § 2605(c) For purposes of this section, the following definitions shall apply:
(1)CA Family Law Code § 2605(c)(1) “Care” includes, but is not limited to, the prevention of acts of harm or cruelty, as described in Section 597 of the Penal Code, and the provision of food, water, veterinary care, and safe and protected shelter.
(2)CA Family Law Code § 2605(c)(2) “Pet animal” means any animal that is community property and kept as a household pet.
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