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Marital Property Division Questions & Advice
Marital property division is one of the most important aspects in a divorce case. This can be one of the most combative parts of the divorce case since each side may feel their circumstance should allow them to get more than 50% of the shared property. The important point to note is that this does not affect non-marital property; thus, all property acquired by either spouse before the marriage is considered non-marital property. Generally all marital property is “equitably” divided 50-50 except in special circumstances. There are many simple and common questions which are asked by most if not all people during a divorce on this topic in this Q&A section including resourceful answers.
All Marital Property Division Questions & Advice
Is it better to file bankruptcy before divorce or vise versa?
My husband and I are considering divorce, but currently have a substantial amount of debt and are thinking about filing for bankruptcy. Would it be ...
What would be a fair property settlement in a divorce where you owe more than the house is worth?
Question: My wife and I purchased a house a few years ago and are now seeking a divorce. We currently owe more on the mortgage than the house is w...
How do I protect my house from a divorce if I am already married?
I want to divorce my wife but do not want to lose my house. How can I keep my home in a divorce?
What is the law in Alaska regarding inheritance, and is it considered marital property?
Q: Joseph and Lia were married for five years. Following the death of his mother, Joseph inherited securities. Wife divorced immediately afte...
How can I get my wifes name off the deed and keep my house? I am filing a Divorce in Virginia.
Question: I live in Virginia and my wife’s name is on the deed to the house. She has left and wants a divorce. How can I get her name off of th...
My husband and I have joint credit cards with over $15,000 from purchases hes mostly made. How do we divide this?
Question: My husband and I are getting a divorce and I’m worried about our credit card debt of about 15,000. He’s responsible for most of the d...
Is it necessary to have a lawyer sort out Child Custody and Asset Division disagreements?
Question: If my husband and I have several disagreements on Child Custody and separation of Assets, do we both have to hire...
How is property divided in a divorce when one spouse pays 100% of the mortgage and downpayment, but both names are on title?
Question: The title to our home carries my name and my wife’s. However, I’ve been paying the mortgage every month with my salary and I...
Is Wife Entitled To 401K Funds As Spousal Support Or Alimony In Divorce Settlement?
Question: I am going through a divorce with my wife and I have a fairly large 401k I have accumulated thus far. I live...
Can my spouse legally transfer funds offshore before a divorce to avoid paying me this money?
Question: My husband and I are going through a lot of marriage trouble and a couple a days ago after an argument, we both verbally agreed to divorci...
How can I get my wifes name off the deed and keep my house? We are getting Divorced soon but I bought the house.
Question: My wife and I are getting a divorce. Our house is my dream home, I have put a lot of work into it, I owned the lot before we got marrie...
Who gets the property in a divorce in California ?
Question: My wife and I moved to California shortly after our marriage. After 20 years, we have decided to divorce and cannot decide how to divide...
How is Property Divided in a Tennessee Divorce Case?
Question: I live in Tennessee and I am getting a divorce from my wife. She says she should keep the house, but I...
My wife and I are business partners and we are getting a divorce. How do we decide who gets what from the business?
Question: My wife and I are business partners and we are getting a divorce. I want to keep most of the business under my control. How do we decide wh...
My ex-husband and I have a dog both of us want to keep. How can I keep the dog?
Question: My ex-husband and I have a dog and both of us want to keep it. How can I keep the dog?
I own land and a house that I inherited from my parents before I was married. Can my spouse take this land in the divorce?
Question: I live in Virginia, and own land and a house that I inherited from my parents before I was married. Can my spouse take this land in the divo...
Am I entitled to any of my spouses inheritance after we divorce as part of spousal support?
Question: I am getting ready to divorce my husband. He doesn't have very much money or assets, but he is expecting a fairly large inheritance from h...
I am going through a Divorce and want to spend my 401k and other assets so my wife will not get them, is this legal?
Question: I’m in the early stages of Divorce with my wife and I have a considerable amount of assets I’m afraid of losing. If I take out my 401k ...
Does 401k count as compensation in a Divorce Case? How is 401k decided?
Question: I am getting ready to divorce my husband and I was wondering if I can file for spousal support which may end up tapping into his 401k but ...
I am getting ready to Divorce my husband, would his stock options count as spousal support compensation?
Question: I am getting ready to divorce my husband and was wondering if I’d get a portion of his stock options as part of compensation?
My spouse threw me out of the house and we own the house together. I want to file a Divorce. What are my rights?
Question: I want a divorce but my wife does not. We have been married for 5 years no kids, but we do own our house together, she threw me out of the...
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.