How Property Divorce Is Decided
How Property Divorce Is Decided
How Property Divorce Is Decided
Divorce these days is just a common fact of life. The best way a divorcing couple can come to terms in a property divorce is to divide all property and debts between themselves.
It would be ideal if this were most commonly the way couples decided on a property divorce with amicable distribution. Ideal, but this is not usually going to happen, especially in the case of a heated divorce battle.
A property divorce usually implies there will be a lot of property division going on. This includes but is not limited to cars, cash, homes and even other assets. There could be stocks and certificates of deposit that each are entitled to.
If you take it for granted because you live in a community property state or that all marital assets are equally divided in a property divorce then think again. Out of the fifty states there are only nine that are defined as community property states.
This means that a property divorce in those nine states will have all property acquired after marriage split equally. That is the point of it being a community property state but in the end it really comes down to the judge's discretion, how good your lawyer is and how much you or your partner wants to dispute about.
The nine states that are community property states are Arizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas, Washington and Wisconsin. You should still be prepared to hire a great property divorce lawyer if you live in these states because any divorce may bring out greed if there is a great deal of property at stake.
The other forty one states do agree everything purchased after marriage is jointly the couples property. This does not imply that they will come to an equally divided property division in these states.
If you do live in a community property state the division of a property divorce may make things easier for both parties. Never take this issue lightly though. When it is a property divorce involved then everyone needs to employ the services of a divorce lawyer that specializes in property divorce.
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