Title:Carolyn Mullonkal v. Sithaj Kodiyamplakkil Court:California Court of Appeal, Third District Citation:Published Opinion (06/30/2020) 51
Exceptions to the Equal Division Rule
For example, in some cases, education loans are assigned to the party that incurred the debt. In cases where there are more debts than assets, the court can divide the community estate unequally. Certain personal injury awards are not divided equally. Social security benefits are not divided at all and are subject to federal law.
When people go about the task of property division they often disagree about the value of a certain property. In some cases, they differ about the date property should be valued. They also fail to consider potential tax consequences in arriving at a fair division of the property.