The complexities of property division in divorce
When you go through divorce, it’s not just your emotions that get tied up in knots. You will also face many challenges associated with the property division process.
As somebody in this position, it is important to understand how the process will unwind, including the fact that the word “equitable” and “equal” are not one in the same. For example, the judge could decide to award more community property to one party than the other.
To fully understand property division in divorce, you need to realize the difference between community and separate property. Any property acquired during marriage is considered community property. On the flipside, any property that a person brought into the relationship is typically considered separate property.
Note: Separate property is not typically subject to division during divorce.
The problem with all this is that community property and separate property are not always as cut and dried as it should be. This results in both sides fighting for a particular asset, making it difficult to settle the divorce. Subsequently, the court has to step in to make the important decision of who gets what.
It is never simple to deal with the complexities of property division in divorce, but if you find yourself in this position you need to take action to ensure that you receive what you deserve.
If you have any questions about property division, you have come to the right place. Our law firm has helped many people make their way through divorce without too much additional stress. Contact us online or via phone for the same type of assistance.