Property Division
U.S. Divorce Law Center
Property Division Laws in the U.S. Copyright HG.org
Property Division
If both spouses in a divorce action cannot come to an agreement regarding property division, a judge will have to rule on this issue using state law as a guideline. As with all aspects of divorce law, these statutes also vary from state to state.
Some states allow for the division of both separate and marital property upon divorce, but the origin of the property is taken into consideration when allocating the property. After distributing separate property, the judge then divides the marital property.
Some states allow for the division of both separate and marital property upon divorce, but the origin of the property is taken into consideration when allocating the property. After distributing separate property, the judge then divides the marital property.
Separate Property
Non-marital property generally includes property that each spouse brings into the marriage, keeps in his/her own name and keeps separate from marital assets. It also includes gifts and inheritances to one spouse that are kept separate.
Marital Property
Marital or community property is defined differently from state to state, but generally describes property and earnings acquired during the marriage, with the exception of individual gifts and inheritances that are kept separate. This includes work income, real estate, furnishings, personal property and the like.
If an item of property is titled in only one spouse’s name, but was obtained during the marriage and was paid for with marital funds, it is still considered marital property. A pension earned during the marriage is usually considered marital property as well.
In community property states, marital property will be divided 50/50. In an equitable distribution states the court uses its discretion to divide the property as it deems valid, fair and equitable. Decisions are made on a case by case basis using various approved and accepted factors, giving weight to each factor as deemed fit.
If an item of property is titled in only one spouse’s name, but was obtained during the marriage and was paid for with marital funds, it is still considered marital property. A pension earned during the marriage is usually considered marital property as well.
In community property states, marital property will be divided 50/50. In an equitable distribution states the court uses its discretion to divide the property as it deems valid, fair and equitable. Decisions are made on a case by case basis using various approved and accepted factors, giving weight to each factor as deemed fit.
Property Division Law by State
Property division in a divorce varies from state to state and is largely affected by whether or not the state is a community property state. The following links provide general overviews of individual states' property division laws.
Individual State Property Division Law
- Alabama Property Division Law
- Alaska Property Division Law
- Arizona Property Division Law
- Arkansas Property Division Law
- California Property Division Law
- Colorado Property Division Law
- Connecticut Property Division Law
- Florida Property Division Law
- Georgia Property Division Law
- Idaho Property Division Law
- Illinois Property Division Law
- Indiana Property Division Law
- Iowa Property Division Law
- Kansas Property Division Law
- Kentucky Property Division Law
- Louisiana Property Division Law
- Maine Property Division Law
- Maryland Property Division Law
- Massachusetts Property Division Law
- Michigan Property Division Law
- Minnesota Property Division Law
- Mississippi Property Division Law
- Missouri Property Division Law
- Nebraska Property Division Law
- Nevada Property Division Law
- New Hampshire Property Division Law
- New Jersey Property Division Law
- New Mexico Property Division Law
- New York Property Division Law
- North Carolina Property Division Law
- Ohio Property Division Law
- Oklahoma Property Division Law
- Oregon Property Division Law
- Pennsylvania Property Division Law
- South Carolina Property Division Law
- Tennessee Property Division Law
- Texas Property Division Law
- Utah Property Division Law
- Virginia Property Division Law
- Washington Property Division Law
- West Virginia Property Division Law
- Wisconsin Property Division Law
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