One of the primary legal functions of
a divorce is to divide property and assets between the two spouses.
Here are some basic guidelines to help you understand the process.
1. Different states handle this process differently
The first thing to know about property
division is that there are two different ways that states handle this
process. In community property states, property and assets are
considered co-owned between spouses if acquired during the marriage, or
separate property if acquired outside the marriage. Community property
is usually divided evenly and separate property remains with the
original or specific owner. Other states follow a process of equitable
distribution. In this case, the court divides assets fairly, but not
necessarily equally.
2. Who gets the house?
In a case where spouses have separated
and one has remained in the house with children, that spouse will often
keep the house as an result of the court trying to provide stability for
the children. If no children are involved, or if neither spouse is
living in the house, the court will decide who keeps the house, or
whether it should be sold.
3. You can negotiate outside of court
If both parties are willing to negotiate,
their attorneys can handle the distribution outside of court. This is
often not possible because of the tension between the two parties.
Dividing property during a divorce can be
complicated and even painful. Not only do different states have
distinct ways of doing it, but many assets, such as a home, have
emotional value that transcends monetary considerations. If you want to
know more about a property division lawyer in San Diego, visit this website.
Thanks for the wonderful blog!Our team consists of Australian Family Lawyers who are Accredited Family Law Specalists.
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