Wednesday, September 19, 2012

Divorcing With Property


If a couple decides to have a divorce then they also need to decide about their property. This is a very vital subject of divorce. The conjugal property needs to be divided among the two owners. But, there are some states which allow the couples to keep the non-conjugal property with them. Non-conjugal property includes the following:
·      Inheritance

·      Business(es) owned
·      Gifts received before marriage

However, if the non-conjugal property is combined with the conjugal property it may or may not become part of the marital property.

There are instances where a couple divides the property without the need of a lawyer. But, the final contract regarding the division of property needs to be passed by the judge. Basically, the judge has the final say on whatever the couple has decided with regards to their property. However, if the judge or court thinks that one individual has a greater share of property, then the judge needs to investigate this matter to make sure that no one is taking advantage of the other party. If the couple was not able to decide on the property division, then the argument needs to be taken to the judge.

The one divorcing should create a list of property which includes parity in the estate, other real property that includes marital estate, business property, personal property which includes home furniture, rental property, undeveloped land, sole proprietorship, professional practices, vacation home and others.

Under the financial assets this includes the retirement benefits, hidden assets and debts, bonds and funds, and stocks. Once listing the property is done, the couple must then estimate their property value and deduct the debts and then divide it equally between themselves. In case the couple was not able to solve the property issue then the court will make a final decision.  

Property can be classified as community property and equitable sharing. The court divides the property by awarding a particular percentage of the total worth of property to both parties. The community property is the property of a married individual that includes all the earnings acquired during marriage and all the things purchased by those earnings.

Earnings and assets acquired during marriage are equitably and fairly shared among the couple once the divorce is granted. The debts as well as other monetary obligations are likewise divided equitably. The separate property stays separate after divorce and is given to the owner of the property.

Another essential concern during divorce is that who among the couple will have the right to stay in the house. The spouse which has more time for their kids will normally have the right to live in that house once the divorce is granted. In case they don’t have children and the house is a conjugal property then no one has the right to force the other to leave the house since they actually have the same legal right to stay in that house. If it involves marital violence as well as other important issues then the court can take the concerned individual out of the property. However, if the house is a property bought before marriage then the owner will have the right to stay in the house.



No comments:

Post a Comment