Property Rights in Divorce
Each couple seeking divorce has the right to reach a consensus regarding property distribution, and draft an agreement accordingly. For this, they are free to take the help of their lawyers. In case, a couple has drafted a property distribution agreement, the judge reviews it to ensure that it is fair enough. The court does not take into account any instances of marital misconduct while dividing the property.
Overview of Property Rights in Divorce
If the couple fails to reach an agreement regarding property division, the judge will use the rights to finalize this division. If it is a community state, the judge divides the property in a 50:50 proportion. In case of equitable states, there is no such set percentage for distribution.
The property of a married person undergoing divorce has to be categorized into 2 types - marital and non marital. Non marital property consists of the following 2 types of properties:
Marital property consists of the following. This is divided between the partners:
Factors affecting Property Rights in Divorce
When the judge has undertaken the task of property division, several factors are taken into consideration by the court. The presence or absence of these factors affects each partner's rights over the property. Some of these factors are as follows:
Community Property Rights
41 states observe equitable distribution of property in the U.S. There is a fair distribution of assets and earnings accrued in marital life. In some states, the guilty divorcing partner is awarded less share of marital property. Usually, the high wage earner is offered about 66 percent of the property and the low wage earner is given 33 percent.
The property that is labeled as Separate Property is not divided during divorce, but is retained by the divorcing partner, who owns it. In equitable states, the following is classified as separate property:
Separate Property Rights
The property that is labeled as Separate Property is not divided during divorce, but is retained by the divorcing partner, who owns it.
In community states, the divorcing spouse has the right to claim the following property types as separate property:
In equitable states, the following is classified as separate property.
Divorce Property Rights
There are certain specific rights awarded to each party in a divorce. These rights are as follows:
These are some basic property rights in divorce that both the parties are entitled to. However, they may change according to the state laws. It is always safe to check with the state authorities before taking an action.
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