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The increase in value of your property after the marriage is considered community property and would most likely be divided 50/50.
California is considered a "Community Property" state. Community property is defined as all property and debt that was acquired from the date of marriage until the marital cut-off date. The community assets will be split equally by the Superior Court if the spouses are unable to reach an agreement.
When economic situations warrant, the court may award an asset of the community estate to one party on such conditions as the court deems proper to effect a substantially equal division of the community estate.
The court may also award, from a party's share, the amount the court determines to have been deliberately misappropriated by the party to the exclusion of the interest of the other party in the community estate.
Since California is a "Community Property" state, all marital property will be divided in a 50-50 fashion according to the court unless agreed to otherwise by the divorcing spouses. This means that everything that is considered "up for grabs" in the dissolution will be distributed equally to each spouse. Obviously this does not entail splitting a house in half , but rather each spouse will be rewarded with assets of equal value. However the court can give one spouse more than 50% by considering factors of what each party has contributed to the business, invested in the business, etc. You can learn more about California property division in the California state statutes located at: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=20.
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Thanks for your answer but to be honest I'm not sure it goes deep enough. What about Pereira accounting? Does that apply, and if so, how?
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