Property Division in Divorce

Marriage combines two people in many ways, an important one of which is monetarily. The division of combined assets in a marriage union can be a difficult and time consuming process. It is often trying for a couple to come to an agreement on how to divide up their estate. Many issues go into determining what it the correct way to divide all the possessions that a couple gains over the course of a marriage. It is easiest if the couple is able to decide amongst themselves how their property will be divided.

This allows for them to negotiate the decision together rather than the court making the verdict. Most couple however are unable to come to an amicable decision the turn to their state court to make the final call. In the 1994 case of Ferguson vs. Ferguson, the court aimed to have a fair decision made and deliberated on both financial and non-financial contributions. In this case domestic contributions, such as a stay at home wife, were weighed into the situation rather than only monetary ones.

There are multiple ways to choose to divide property and it is up to the state to have the final word on the issue. They may choose to do an equal divide of all assets, known as community property, or they may break up property by taking more issues into account, known as equitable distribution. A couple may have items they owned prior to the marriage, as well as things that they attained once in the relationship.

Items that a spouse had before marriage are typically labeled as separate property, while what the couple bought together usually falls under community property. This is a general rule and will also vary from state to state or depending on each unique case. Every relationship is different and will need to be approached in a unique way. Individuals facing a divorce should have an attorney experienced with the subject aid them in the distribution process.

To find a local family law attorney for help with property division, click here.