During divorce, one of the main problems of ex-spouses is the division of their property. In order to understand who and what is entitled by the law, it is necessary to take into account many aspects. Most states have an equity distribution system in which property acquired by spouses during marriage is jointly owned by both. The concept of justice, however, does not necessarily imply a division exactly in half, since in the presence of certain factors, the court can deviate from the principle of equality of shares and award additional material benefits to one of the spouses. The court bases its decision on taking into account all aspects of marriage – such as its duration, age and health of the spouses, their ability to financially support their future, responsibility to minor children, etc. The court will take these circumstances into account when deciding on the division of property in case of divorce.
The money and property of the spouses, depending on the state, are divided in two ways. In most states (called the equitable distribution state), only marital property is shared, not including gifts and inheritances.
In other states (community property state), everything that is available at the time of the divorce has to be divided.
Therefore, depending on the state or country of your residence, you should consult with a practicing lawyer in that state / country.
We are proud to inform our potential Clients that within our company, there are Lawyers who have the right to practice not only in one state, but have a lawyer’s license in some popular American states, in Russia, Ukraine and the former CIS countries.
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Citizens have the right to divide property during marriage through the conclusion of a marriage contract, and upon divorce – through an agreement on the division of property or through a court, if it is not possible to reach a compromise at the pre-trial stage. Also, former spouses can begin the division of property after the actual dissolution of the marriage.
Upon divorce, not only rights are shared, but also obligations, in particular loans, if the party proves that these funds were taken for the needs of the family.
These and other features must be taken into account for a legally competent division of the joint property of the spouses.
OUR ASSISTANCE IN PROPERTY DIVISION CASES