What is separate property?
In general, separate property or non-marital property is any property, real or personal, acquired before marriage, after divorce (or in some states by separation of the spouses before divorce), by gif...
Property Distribution
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What is community property?
Community property is a system used by some states to divide property at the dissolution of a marriage, otherwise known as a divorce. Communtiy property is generally considered to be all property that...
Who Gets the Marital Home After a Divorce?
If you are getting a divorce and you moved into your spouse's house after you were married, then the house would not normally be part of the property distribution because it was acquired before the ma...
Is an accident settlement considered community property in the event of a divorce?
Whether or not an accident settlement is considered community property and thus subject to division by the courts in the event of a divorce will depend on what the settlement was for. When the settlem...
Dividing Military Retirement Benefits in a Divorce
As with a civilian divorce, a spouse of a military member has a right to a share of their spouse's disposable retired pay. The Uniformed Services Former Spouses Protection Act (USFSPA) was originally...
What is equitable distribution?
Equitable distribution is the way most states divide property during a divorce....
Dividing Retirement Accounts in Divorce
Most states treat retirement accounts as marital assets that must be divided between spouses when they divorce. In order to arrive at a fair division of the retirement benefits, it is important to und...
Property Division in Divorce: Community Property vs. Equitable Distribution
In a divorce or dissolution of marriage, all the property, including some future income like pensions and retirement funds, must be divided between the spouses....
Who gets custody of a pet in a divorce?
Who gets the much beloved family pet can be difficult to resolve in a divorce. Many owners consider their pets members of their family and......
Fault Divorce Effect on Property Division and Spousal Support
Find out how an at fault divorce can effect spousal support obligations and property division in certain states....
Dividing Home Equity in Divorce
To calculate home equity so it can be divided during a divorce, the first step is to get the currently appraised value of the house by a qualified residential real estate appraiser less the mortgage a...
What is marital property?
Marital property, also called the “marital estate,” is property acquired by a husband and wife during a marriage. It is distinct from individual property (property acquired before the marriage) th...
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