How a Woman Can Claim Part-Ownership Of Property During Divorce

If you are going through a divorce, you may wonder how a woman can claim part-ownership of property during a divorce. Property division is one of the most difficult, and often the most acrimonious, parts of a divorce negotiation. Each party wants to ensure he or she is treated fairly and that he gets his own piece of the pie. While arguing over finances can drag a divorce on for a long period of time, a woman should know how a woman can claim part-ownership of property during divorce so she does not find herself without sufficient assets or financial support after the marriage is dissolved.

How a Woman Can Claim Part-Ownership of Property During Divorce

The good news is the law has made it relatively easy for women to claim part ownership of marital property. While the laws vary by state, many states are referred to as community property states. In a community property estate, each divorcing party is entitled to 50 percent of marital assets. This refers to money earned during the marriage, things purchased during the marriage, and any joint assets acquired while a couple was married. If a woman was a stay at home mom and her husband worked and they bought a house together after they were married, this means she is still entitled to half of the value of the house and their assets.

The only exceptions to the community property rule exist for inheritance and for personal injury settlements and other money kept separate. However, even if this property can become community property and can be split 50-50 if the spouses used it to buy joint assets or if the spouse with the inheritance or settlement mixed that money with money belonging to the "community."

In other states, community property doesn't exist, but the court still requires an equitable division of assets based on who brought what into the marriage, the length of the marriage, and other relevant factors regarding support. For example, if a woman worked while her husband got his medical license, she may be entitled to a portion of earnings from his practice as a result of her support efforts.

Getting Help

If you are wondering how a woman can claim part-ownership of property during divorce, the best answer is that she should consult with a divorce attorney or a family law attorney. A family law attorney can provide detailed information on the laws in the state and can help a woman to collect the necessary financial records and data to get what is rightfully hers.