Property

In dealing with property both separate and community, including chattel, retirement accounts, and real property the court is charged with making a division that is fair and equitable in light of the facts of the case, which does not mean 50-50. Typically, retirement accounts which have been identified as community are divided equally. If a retirement account is wholly or partially identified as separate, the court will apportion the retirement account proportionately. Personal property is often left to the parties to divide because the court does not wish to micromanage a case but, if necessary, the court will decide.