Q: divorce by default with no agreement. my 401A opened when we were married. Will it be divided If he doesnt want it?
A: California is a community property state. That means all assets and all debts are jointly owned. However, if the two of you agree, either of you may waive this right. If the two of you were to go to court, the judge must divide the assets and debts accordingly. If you spouse does not want an asset, you can execute an agreement awarding you the entire property. Simply have your spouse notarize the agreement and the court will approve it.
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