Are you or someone you know dealing with divorce and property issues?
Not only are you going through a very difficult time in life but now you have to decide on who gets what. What exactly happens to our property when we get divorced? The most recommended course of action is to divide property amongst yourselves. However, it might not be that easy since there are a lot of emotions running rampant. And chances are that it will end up in court anyway. There are two different ways of handling property division.

Equitable Distribution – Most states typically follow equitable distribution. Simply put, a judge will be the one who decides whats fair rather than splitting.

Community Property – New Mexico, Puerto Rico, Idaho, California, Wisconsin, Washington, Alaska, Arizona, Nevada and Louisiana are community property states in which marital property is equally owned, unless documentation can prove otherwise. Community property may be split by item or by value.

So basically all marital property is considered community property or separate property. Whenever you get a divorce separate property is kept by the owner and community property is split evenly.

Who gets the house?

A lot of times the court will consider the spouse that does most of the child rearing as the one that gets the house.

If there are no children involved, then courts vary considerably on how they distribute the marital home. Neither person typically has a legal right to ask the other to vacate, but one partner can always request it. If you and your spouse cannot agree, the court will make a decision based on the rules of that state and which kind of property system your state has in place.

The only thing thing that can change the above stated is domestic abuse. In this situation it is best for you to immediately get a restraining order.

Divorce can be one of the most difficult things a person can go through. Seeking advice from a Divorce and Property Attorney may possibly help you and your spouse to amicably resolve all of the tedious details.

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