Division on Divorce
Community Property · Lesson 04
Division on Divorce
這一課問的是：離婚時共同財產如何分配？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. How is community property divided upon divorce?
這一課問的是：離婚時共同財產如何分配？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
equal division
Tap to see meaning
CP divided equally at divorce in most CP states.
平等分配。
California §2550
Tap to see meaning
Mandatory equal division.
§2550。
reimbursement
Tap to see meaning
§2640: separate property contributions reimbursed.
補償。
epstein credits
Tap to see meaning
Reimbursement for paying community debt with SP post-separation.
Epstein 信用。
watts charges
Tap to see meaning
Reimbursement for using community asset post-separation.
Watts 費用。
equitable division
Tap to see meaning
Some CP states allow unequal division for fairness.
衡平分配。
valuation
Tap to see meaning
Assets valued near time of trial.
估值。
Issue · what this lesson is really about
How is community property divided upon divorce?
這一課問的是：離婚時共同財產如何分配？
Trigger words & phrases that should flag this issue:
divorceequal divisionreimbursement§2640division
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| Apply equal division | California requires equal division of CP at divorce. | CA 於離婚要求平等分配。 |
| Apply §2640 | SP contributions to CP traceable are reimbursed. | 可追蹤之 SP 出資受補償。 |
| Apply Epstein/Watts | Epstein credits for SP paying CP debt; Watts charges for using CP asset. | Epstein 信用 / Watts 費用。 |
| State valuation | CP valued at or near time of trial. | CP 於審判時估值。 |
Rule Sentence · the workhorse
In California (and most CP jurisdictions), community property is divided equally on divorce; separate property contributions to community property are reimbursable under §2640 to the extent traceable, and post-separation rents, gains, and expenses are subject to Epstein credits and Watts charges.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人divorcing spouses離婚配偶
Act 行為dividing CP分配 CP
Object 對象community estate共同遺產
Standard 法律標準equal division + §2640 + Epstein/Watts平等 + §2640 + Epstein/Watts
Consequence 後果CP divided + reimbursementsCP 分 + 補償
Casebook Snapshot · a real American case
In re Marriage of Epstein
Holding. A spouse who pays community debts after separation with separate property funds is entitled to reimbursement (Epstein credits); a spouse who uses community assets post-separation may be charged for their value (Watts charges).
Why it matters. Epstein/Watts: post-separation handling of community property gets accounted for at division.
Epstein/Watts：分居後 CP 之處理於分配時計算。
Common Mistakes · what trips students
✗ CP 一定不需要 §2640 reimbursement。
✓ §2640 reimburses SP contributions to CP property.
§2640 補償 SP 出資。
✗ post-separation 收入即 CP。
✓ Post-separation earnings are SP.
分居後收入為 SP。
Mini IRAC · build the Application
Issue. How should the marital home be divided when H paid $100,000 of his separate funds toward the down payment on a home titled in joint names?
Rule. Under California Family Code §2640, separate property contributions to the acquisition of community property are reimbursed to the contributing spouse to the extent traceable, with the remainder divided equally as community property.
Application (model). H paid $100,000 SP toward the down payment; the home is titled jointly as community property. Because §2640 reimburses traceable SP contributions to CP acquisitions before equal division, the fact that H's $100,000 contribution is traceable means H gets reimbursed $100,000 before the remaining equity is divided equally.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, H is reimbursed $100,000 from the home's equity, and the remainder is divided equally between H and W.
MBE Check · multiple choice
H and W separate. H continues to live in community home for one year before divorce, paying community mortgage from his SP. What occurs at division?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: