Divorce Property Division

Dividing property between a divorcing couple is one of the top priorities in a divorce. It is common for couples to determine how to divide their assets on their own, rather than leaving the decisions up to a judge. However, in the event that the couple cannot decide on their own, they will need to adhere to the decision of the judge and the laws within their given state. Counts will divide property under two basis premises; community property and equitable division. Community property divorces generally divide all property and debts acquired during the marriage equally between both parties. Equitable division divorces involve the division of all assets and debt acquired during the marriage equitably (fairly), but not necessarily equally. Divorce property division does not always refer to the physical division of assets, but rather the division of the value of the property.

Fast Facts

  • In many equitable division cases, 2/3 of assets are awarded to the higher income earner.

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