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.
Notes of Decisions
Cited in
56
cases (
23 in the last 5 years), 1995–2026 · leading case:
Woolsey v. Woolsey, 220 Cal. App. 4th 881 (Cal. Ct. App. 2013).
Woolsey v. Woolsey, 220 Cal. App. 4th 881 (Cal. Ct. App. 2013).
· cites it 10× “4 (1) Family Code section 2550,6 which provides that a court shall divide community property equally, except upon the written agreement or oral stipulation of the parties; (2) Code of Civil Procedure section 664.”
Mejia v. Reed, 74 P.3d 166 (Cal. 2003).
· cites it 2× “) Family Code section 2550, however, provides: “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,…”
In Re Marriage of Cooper, 73 Cal. Rptr. 3d 71 (Cal. Ct. App. 2008).
· cites it 3× “Family Code section 2610, subdivision (a), provides: “Except as provided in subdivision (b), the court shall make whatever orders are necessary or appropriate to ensure that each party receives the party’s full community property share in any retirement plan, whether public or…”
Batlan v. Bledsoe (In Re Bledsoe), 569 F.3d 1106 (9th Cir. 2009).
· cites it 2× “See Cal. Fam.Code § 2550. I discuss the implications of the California rule infra, at note 4.”
Pacetti v. United States, 50 Fed. Cl. 239 (Fed. Cl. 2001).
· cites it 2× “Although plaintiff claims a-one half interest in these sale proceeds under California marital property law, Cal. Fam.Code §§ 2550, 2581 (1994), plaintiff was not a party to the IRS agreement.”
In Re Marriage of Pendleton & Fireman, 5 P.3d 839 (Cal. 2000).
· cites it 2× “Code, §§ 1100-1103) and mandates equal division on dissolution (Fam.Code, § 2550). In the view of the Court of Appeal, the current state of family law is one that "should not per se prohibit premarital spousal support waivers or limitations.”
Caverly v. Gray, 155 Cal. App. 4th 504 (Cal. Ct. App. 2007).
“(Fam. Code, § 2550.) 13 In particular regard to retirement plans, the “court shall make whatever orders are necessary or appropriate to ensure that each party receives the party’s full community property share in any retirement plan .”
In Re Marriage of Dellaria & Blickman-Dellaria, 172 Cal. App. 4th 196 (Cal. Ct. App. 2009).
“) Thus, Family Code section 2550 contemplates that the parties in a marital dissolution action can agree on a lopsided division of community property, but only if it is evidenced (1) by a written agreement of the parties; or (2) by an oral stipulation of the parties in open…”
Comm'r v. Dunkin, 500 F.3d 1065 (9th Cir. 2007).
· cites it 2× “Cal. Fam.Code § 2550. In addition, the court may order spousal support, commonly referred to as "alimony.”
In re Marriage of Gréaux & Mermin, 223 Cal. App. 4th 1242 (Cal. Ct. App. 2014).
· cites it 2× “) Family courts have therefore been granted broad statutory powers to accomplish a just and equal division of marital property (Fam. Code, §§ 2550, 2553) and possess “broad discretion to determine the manner in which community property is awarded in order to accomplish an equal…”
Brewer v. Federici, 113 Cal. Rptr. 2d 849 (Cal. Ct. App. 2001).
“(Fam. Code, § 2550; Cal. Rules of Court, rule 1242; In re Marriage of Cream (1993) 13 Cal.”
City of Gardena v. Rikuo Corp., 192 Cal. App. 4th 595 (Cal. Ct. App. 2011).
“, Fam. Code, § 2550 [statute provides for reservation of jurisdiction in marital dissolution proceedings]; Code Civ.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.