In the divorce process, there are a few things that you and your former spouse need to take care of before the divorce will be final. The one major thing that always seems to give spouses trouble is the division of property.
Property division is trying to divide the estate and property that you may have incurred while the two of you were married. When you are married, there are two types of property that you may have. The first type of property is Community Property. Community property includes all property and income acquired during the marriage. Community property also includes all income that is made between the time that the divorce is filed for and the time when the divorce is actually finalized.
The second type of property is separate property. Separate property is any property that a spouse owns before a marriage. Separate property also includes any property that is inherited or given as a gift to one of the spouses.
If one spouse has a property that they rent out during a marriage, the income that the house makes is community property but the house itself is considered separate property for the person who owned it before the marriage.
Community property is usually divided between the two spouses. The most efficient way to divide the property is to have the two spouses agree on some type of equal division. If the spouses cannot decide on some type of division, then the judge will, by state law, have to make the divisions for the couple. This means that the judge will go through all the pieces of property and award them equally to each of the spouses.
For more information on your divorce case, contact Divorce Lawyers of Alexander and Associates
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