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Answered 2008-05-05 17:52:42

This will depend on the laws in the jurisdiction in which the divorce is taking place. However, in many jurisdictions such as in New Jersey, property is divided according to a concept called "equitable distribution". This means that in the divorce action the court will look at the marital property and the history of the marriage and divide the property so that it is equitable to both parties. The major factor is the roles each spouse played in the marriage in acquiring the marital property. A woman who was the housewife of the husband who brought in all the money will still be entitled equitable distribution since her contributions to the marriage as a housewife were just as important as his as the main earner.

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Is community property acquired after you file for divorce still community property?

No, after divorce what property you obtain is yours. If you come into a marriage with property that is yours as well when you divorce.


What does a community property state mean?

The term community property state means that the community property in a marriage divided equally between the two parties when there is a divorce. This property usually does not include property owned before the marriage.


When does a land becomes a marital property?

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What if you live in a community property state and on spouse owned property before the marriage if they divorce what are the spouses rights?

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What kind of estate is community property considered?

An estate is all the property a person owns both real and personal. Community property is property acquired by married people in certain states (called community property states). It can be acquired in one parties name or both but if acquired during the marriage it becomes community property that will be divided evenly in the case of a divorce.An estate is all the property a person owns both real and personal. Community property is property acquired by married people in certain states (called community property states). It can be acquired in one parties name or both but if acquired during the marriage it becomes community property that will be divided evenly in the case of a divorce.An estate is all the property a person owns both real and personal. Community property is property acquired by married people in certain states (called community property states). It can be acquired in one parties name or both but if acquired during the marriage it becomes community property that will be divided evenly in the case of a divorce.An estate is all the property a person owns both real and personal. Community property is property acquired by married people in certain states (called community property states). It can be acquired in one parties name or both but if acquired during the marriage it becomes community property that will be divided evenly in the case of a divorce.


What happens to wealth acquired before marriage in the case of divorce?

Marriage and divorce are governed by the laws in each jurisdiction and those laws vary. Property acquired prior to marriage does not normally become community property in a community property state. The laws in separate property states allow married people to hold property separately. However, there are extraordinary circumstances that may affect marital distribution in the case of a divorce in both systems. You should seek the advice of an attorney in your jurisdiction prior to marriage.


How does divorce work in a community property state?

Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. Divorce proceedings in community property states (especially when a lot of assets are involved or when there has been a separation as well) can be very complicated. The divorce is the same as it would be otherwise with the general community property presumption and the party claiming an item is not community property bears the burden.


Is a husband entitled to his wife's property that she acquired prior to their marriage in Texas?

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How is property divided in a Texas divorce?

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Does divorce affects education?

I am assuming you are asking about divorce and educational debt. In community property states and noncommunity property states the debt obligations associated with education are the individuals obligation. So even if a party in a community property states went to school during the marriage, they will be given that debt in the divorce. Of course, there is always an exception and if it has been more than 10 years since the education and marriage then there is a rebuttable presumption that the "community" has substantially benefitted from the education.


Who gets the property in a divorce if one name is on the mortgage and both names are on the deed?

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In a community property state is property inherited after marriage considered community property?

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How do you relinquish property rights in a community property state?

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Does the state i live in divorce laws applied to me if i was married in a different state?

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What are the laws for distributing assets between husband and wife if they have a divorce in California?

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What if a couple that lived together for two weeks considered community property?

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If your husband inherits money during your marriage in WI and he files for divorce are you entitled to any of the inherited money?

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What has the author R Lee Eddy written?

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