If there is no divorce settlement agreement in place, it is the court’s job to “equitably” divide the community estate, but equitably does not always mean “equally.” Instead, the court will look at both parties’ financial resources, earning potential, and lifestyle during the marriage to determine what is equitable. This may result in one spouse keeping the house and the other getting a larger portion of retirement, investment, or bank accounts, or it could mean one spouse getting the business and the other taking a larger share of investment accounts. Even property you owned separately before the marriage can potentially be divided by the court. The court looks at the contribution each spouse made to that asset during the marriage. In other words, if you owned a home before marriage and the community contributed to the mortgage payments during the marriage, the court could award your spouse a portion of that asset.