Hello, I'm Karla Mitchell. Going through a legal case can be very expensive and challenging. I won't go into details, but I recently underwent my own legal battle that lasted several years. It is finally over and I successfully received a settlement, but I had to spend so much time studying law in order to play my role in my own court case. While I found a great attorney at one point, I felt completely lost initially and I don't want anyone else to experience the same thing. So I decided to create this blog for those who would like to know more about law.
Estate planning is a vital procedure encompassing the arrangement for the transfer of an indivi
Dealing with a work-related injury can be a stressful and overwhelming experience. From navigating the wo
When you've been in a car accident, the ensuing legal steps can be as dizzying as the initial impact. Con
If you own a phone, it's very likely that you have received at least one spam call. They can be incredibl
When a married couple decides to get a divorce, one of the most significant challenges they face is the i
Laws governing divorce and lots of other things can vary a lot depending on your state of residence. States look at divorce using either equitable distribution rules or community property rules. Find out more below.
Vast Differences in Divorce Experiences
The differences in community property and equitable distribution can affect everything from property and debt divisions to spousal support and more. Some states follow community property rules and some adhere to community property rules. Divorcing couples that live in a community property state are viewed as a group, or community, rather than an individual. That way of looking at things places both divorcing parties on equal footing.
Community Property and Marital Property
In community property states, marital property is divided equally between both spouses during a divorce. Marital property is defined as any property that was acquired by either spouse during the marriage, with some exceptions for gifts and inheritances. This property is considered to belong equally to both spouses and is divided equally between them during a divorce. Separate property, which is property acquired by one spouse prior to the marriage or by gift or inheritance during the marriage, is not subject to division.
In comparison, marital property in an equitable distribution state may or may not be divided equally and can depend on several factors when dividing it. Community property guidelines can favor the party in the divorce that did not own as much property as the other party. A home, for example, or a valuable vehicle, is considered half the property of both parties, no matter who made the payments or was named on the deed.
Community Property and Marital Debt
The other side of the coin is that both parties are equally responsible for the debts of the marriage – even if one party had nothing to do with the debt. That can cause some parties to take on half of their spouse's private debts. Speak with a lawyer once you separate so that you can place a legal barrier between marital debts and separation debts.
It is important to work with a qualified family law attorney to ensure that your rights and interests are protected during the divorce process, as there can be complexities and exceptions to the community property rules.
Reach out to a local divorce lawyer to learn more. They will help you find the best asset division plan for you and your soon-to-be former spouse.
Share