Marital Property Division in Divorce Actions

Marital Property Division in Divorce Actions

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One of the most important matters that is addressed after a divorce is property division. Spouses can establish their own rules for property division through a written settlement agreement or through an enforceable prenuptial agreement. If there is no written settlement agreement or prenuptial agreement, then a court will divide the marital property. Property division rules differ on a state-by-state basis, depending on what statutory guidelines a state adopts. First, we will discuss the basic principles and mechanisms of property division. Next, we’ll look at what property is subject to division upon divorce by defining “marital property” and “separate property” in “community property” states and other states. Finally, we will briefly discuss prenuptial agreements’ effects on property division.

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2 Comments

  1. Look at what is written for what the man’s rights are. You will find almost nothing. Equitable distribution is gaslighting. – the judge decides what you get. For instance- the judge decides the house value, not a licenced real estate company. If the judge says you get $ 500 – that’s all you get. Any man getting married today must be an idiot.

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