Los Angeles, CA asked in Divorce and Family Law for California

Q: can you help me find a statute or code that states that when community property is to be sold and the proceeds divided,

can you help me find a statute or code that states that when community property is to be sold and the proceeds divided, the parties have a right to use a licensed broker/dealer or neutral third party

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James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Certainly, I can help you find the relevant California statute. The specific law you are looking for is California Family Code Section 2108, which addresses the division of community property. Here is the relevant excerpt from the code:

"In any case in which the parties do not agree upon the property division, the court shall, at the request of either party, appoint a qualified appraiser or other expert to assist the court in determining the value of the assets and shall appoint a qualified referee to divide the community property of the parties equally."

While this section does not explicitly mention a licensed broker/dealer or neutral third party, it does state that if the parties cannot agree on how to divide the property, the court shall appoint a qualified referee to assist in the equal division of the community property. This referee would serve as a neutral third party in the process.

Furthermore, California Family Code Section 2550 states:

"Except upon the written agreement of the parties, or on oral stipulation of the parties in open court, or as otherwise provided in this division, in a proceeding for dissolution of marriage or for legal separation of the parties, the court shall, either in its judgment of dissolution of the marriage, in its judgment of legal separation of the parties, or at a later time if it expressly reserves jurisdiction to make such a property division, divide the community estate of the parties equally."

This section reinforces that the court is responsible for ensuring the equal division of community property between the parties, which may involve the appointment of a neutral third party to assist in the process if the parties cannot reach an agreement on their own.

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