Unlike in community property states — where courts evenly
divide the assets acquired during a marriage — equitable distribution laws give a great deal of latitude to judges to decide what is «fair.»
Not exact matches
When a couple splits the
assets that were
acquired during the union must be
divided between each person.
Having an agreement in place where everything is in writing can help, especially when it comes down to
dividing the
assets you have
acquired together.
This is different than distribution in «community property» states, which is based on the principle that
assets acquired during the marriage should be
divided on a 50 - 50 basis.
Most EU countries also exclude from the
assets to be
divided on divorce any
assets acquired through inheritance.
The types of
assets, when they were
acquired, by whom and whether a prenuptial agreement exists can all have a bearing on how you
divide property and monetary
assets after a marriage breakdown.
As long as the
asset or debt was
acquired during the marriage, with a few notable exceptions, it is considered marital property and will be
divided in an equitable manner.
Although California is a community property state — meaning that marital
assets acquired during the marriage are split evenly between spouses — there are nuances to the general law that can affect whether a court will
divide certain property or allow one party to retain sole possession.
When couples divorce in community property states, all of those
assets and debts
acquired during the marriage get
divided equally.
Generally, the court does not have authority to
divide a spouse's separate property, which includes
assets acquired before the marriage or by gift or inheritance.
Assets acquired during the marriage are considered marital property, subject to the court's authority to
divide property during your divorce.
Interestingly, of all the holdings
acquired during a marriage, psychologically and financially, the
assets most difficult to
divide are retirement funds.
The fault or wrongdoing of a party in a divorce action has no bearing on how
assets will be
divided that were
acquired during the marriage.So even though fault is an emotional factor in a divorce, it has no influence on the terms of the final settlement.
Since Washington is a community property state with specific rules about the division of
assets acquired by either partner during a marriage,
dividing up your marital property (including debts) will also be required as a part of that process, just like in a divorce.
As you are aware, part of the divorce procedure is to
divide your community property — that is the property and
assets acquired during your marriage.
In community property states, the property is usually
divided equally with the exception of
assets acquired prior to the marriage classified as separate property by the court.
A legal principle followed by most states, in which marital property, (
assets, earnings, debt and obligations)
acquired during marriage are
divided at divorce.
One divorcee gave up her right to a $ 850,000 pension because she didn't know that pensions were marital
assets and, as such, are
divided during divorce when pensions are
acquired during marriages of long duration.
That is then
divided by the amount of money you spent to
acquire the
asset, such as down payment, closing costs, and repair costs.