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Marital Property Division

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Who Gets the House in a California Divorce?

When it comes to the marital home, divorcing couples have a few options to distribute this valuable asset.

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Capital Gains Tax When You Sell Your House at Divorce

Whether and how the capital gains tax affects you during your divorce depends on what you are doing with the house. In general, transfers of propert...

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How to File for Divorce While Living Abroad

Although this article provides a basic overview of international divorce, we are by no means suggesting you should handle a foreign divorce on your ...

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Michigan Property Rights FAQs

Is Michigan a Community Property State? No. Michigan is an “equitable distribution” state, which means that divorce courts in Michigan may distr...

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Dividing Property in Wisconsin

How Can Couples Divide Their Property in Divorce?

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Equitable Distribution of Property in Florida

What is Equitable Distribution in Florida? “Equitable distribution” refers to the way that spouses in Florida divide their property and debts...

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Buying Out Your Spouse in a California Divorce

Can you Afford to Buyout your Spouse and Keep the Family Home? During a divorce, you’ll be faced with many decisions that will affect your long...

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Division of Marital Property in Michigan

Marital Versus Separate Property When dividing property, the first thing courts need to determine is the character of the property, meaning whether...

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Understanding and Calculating Alimony in Massachusetts

If you are going through a divorce, a judge may order you to provide financial support to your spouse while the divorce is pending or once it beco...

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Understanding and Calculating Alimony in Indiana

Find out how alimony (spousal support) is awarded and calculated in Indiana.

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Understanding and Calculating Alimony in Illinois

In Illinois, either spouse may ask the court to order alimony (also known as spousal support) while a divorce is pending or once the divorce is fi...

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Understanding and Calculating Alimony in Idaho

Find out how alimony (spousal support) is awarded and calculated in Idaho.

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Oregon Divorce: Dividing Property

If you are getting divorced in Oregon, do you know what property you get to keep and what you have to split with your spouse? And who will be resp...

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New York Divorce: Dividing Property

If you are getting divorced in New York, do you know what property you get to keep and what you have to split with your spouse? You may also have ...

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New Mexico Divorce: Dividing Property

If you are getting divorced in New Mexico, do you know what property you get to keep and what you will need to split with your spouse?

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Louisiana Divorce: Dividing Property

How is marital property divided in a Louisiana divorce? Find out here.

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Iowa Divorce: Dividing Property

Find out how marital property (and debt) is divided in an Iowa divorce case.

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Indiana Divorce: Dividing Property

Find out how marital property (and debt) is divided in an Indiana divorce case.

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Illinois Divorce: Dividing Property

Find out how marital property is distributed in an Illinois divorce case.

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Hawaii Divorce: Dividing Property

One of the challenges divorcing couples must face is dividing their marital property and assigning marital debts. Hawaii law requires a division o...

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Florida Divorce: Dividing Property

States have different rules about how property is divided at divorce. Florida law requires an equitable, or fair, division of property between the...

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10 Secrets to Finding Hidden Assets in a Spouse's Tax Return

If you believe that your spouse is hiding assets during a divorce, a tax return may become your best friend. Typically, a return is furnished volunt...

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Georgia Divorce: Dividing Property

One of the challenges divorcing couples must face is dividing their marital property and assigning marital debts. Laws governing property division...

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Kansas Divorce: Dividing Property

Laws governing division of marital property in divorce are different in every state. Kansas law requires that a division be equitable, meaning tha...

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Nevada Divorce: Dividing Property

Find out how marital property (and debt) is divided in a Nevada divorce case.

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Nebraska Divorce: Dividing Property

If you are getting divorced in Nebraska, what property do you get to keep and what do you have to split with your spouse? And who will be responsi...

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Montana Divorce: Dividing Property

If you are getting divorced in Montana, do you know what property you get to keep and what you have to split with your spouse? Who will be respons...

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Michigan Divorce: Dividing Property

Laws governing division of marital property in divorce vary from state to state. Michigan law requires an equitable, or fair, division of property...

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Kentucky Divorce: Dividing Property

Learn about the property division rules in a Kentucky divorce.

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Idaho Divorce: Dividing Property

Find out how marital property (and debt) is divided in an Idaho divorce case.

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Missouri Divorce: Dividing Property

Find out how marital property (and debt) is divided in a Missouri divorce case.

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Mississippi Divorce: Dividing Property

Laws governing division of marital property in divorce vary from state to state. Mississippi law requires that the division be equitable (fair), b...

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Maine Divorce: Dividing Property

Find out how marital property (and debt) is divided in a Maine divorce case.

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Minnesota Divorce: Dividing Property

Find out how courts in Minnesota divide marital property and assets during a divorce.

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Massachusetts Divorce: Dividing Property

All divorcing couples must divide their marital property and assign marital debts as part of the divorce process. Massachusetts law requires the d...

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Maryland Divorce: Dividing Property

Laws governing division of marital property in divorce vary from state to state. Maryland law requires a division that is equitable, meaning that ...

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North Dakota Divorce: Dividing Property

If you are getting divorced in North Dakota, do you know what property you get to keep and what you have to split with your spouse? And who will b...

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North Carolina Divorce: Dividing Property

If you are getting divorced in North Carolina, you need to know what property you get to keep and what you have to split with your spouse, as well...

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Connecticut Divorce: Dividing Property

One of the challenges divorcing couples must face is dividing their marital property and assigning marital debts. Connecticut law requires the div...

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Colorado Divorce: Dividing Property

Laws governing how marital property is divided at divorce vary from state to state. Colorado law requires a division that is equitable, meaning ...

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Pennsylvania Divorce: Dividing Property

If you are getting divorced in Pennsylvania, do you know what property you get to keep and what you have to split with your spouse? What about who...

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Ohio Divorce: Dividing Property

If you are getting divorced in Ohio, do you know what property you get to keep and what you have to split with your spouse? Who will be responsibl...

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Washington D.C. Divorce: Dividing Property

Find out how marital property (and debt) is divided in a D.C. divorce case.

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Delaware Divorce: Dividing Property

Delaware law requires a division of marital property that is equitable.

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California Divorce: Dividing Property

Couples going through a divorce must decide how to divide their property and debts—or ask a court to do it for them. Under California’s commun...

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Alaska Divorce: Dividing Property

One of the challenges divorcing couples must face is dividing their marital property and assigning marital debts. Laws relating to property di...

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South Carolina Divorce: Dividing Property

Learn about the rules for dividing property during divorce in South Carolina.

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Rhode Island Divorce: Dividing Property

If you are getting divorced in Rhode Island, you need to know what property you should get to keep and what you have to split with your spouse. Yo...

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Arkansas Divorce: Dividing Property

Laws governing division of marital property in divorce vary from state to state. Arkansas law requires an equitable, or fair, division. The law al...

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Arizona Divorce: Dividing Property

Find out how marital property is divided in an Arizona divorce case.

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Alabama Divorce: Dividing Property

Find out how marital property (and debt) is divided in a Alabama divorce case.

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Utah Divorce: Dividing Property

Find out how marital property (and debt) is divided in a Utah divorce case.

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Texas Divorce: Dividing Property

All income earned and property acquired by either spouse during the marriage belongs to both spouses equally

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Tennessee Divorce: Dividing Property

Find out how Tennessee state law determines division of property during divorce.

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South Dakota Divorce: Dividing Property

In South Dakota, a court will divide marital property during a divorce based on a system called equitable distribution. This means that the proper...

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Virginia Divorce: Dividing Property

Find out how courts in Virginia divide marital property and assets during a divorce.

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Vermont Divorce: Dividing Property

When a couple divorces in Vermont, they must divide their marital property equitably. If they’re not able to negotiate a property settlement, th...

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Illinois Child Custody and Support FAQs

Divorcing with Children in Illinois? Learn about child custody and support.

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Wisconsin Divorce: Dividing Property

Find out how courts in Wisconsin divide marital property and assets during a divorce.

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Wyoming Divorce: Dividing Property

In Wyoming, a court will divide marital property during a divorce based on a system called equitable distribution.

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Should You Move Out of the Family Home During a Divorce?

A house is often a couple’s most valuable financial asset, and most people are emotionally connected to their home as well. For those reasons, t...

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Florida Divorce and Property FAQs

How is property divided at divorce in Florida? 

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If You're Facing Foreclosure During Divorce

If your house is worth less than you owe on it, or if you’re behind in your payments, your divorce is a bit more complicated than others. You can ...

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What to Do With the House When You Divorce

In many—if not most—divorces, the family home is the couple’s largest asset. It can also be a very emotional item. Very likely, you and your s...

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Continuing to Co-Own the House After a Divorce

It’s not unusual for spouses to continue owning the family home together after a divorce, especially where kids are involved. For example, if one ...

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Negotiating a House Buyout at Divorce

What is a "Buyout?" One way that divorcing spouses deal with the family home is for one spouse to "buyout" the other’s interest.

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Selling the House When You Divorce

If neither spouse wants to stay in the family home, or if neither can afford to, you can put the property on the market and try to get the best poss...

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Interspousal Transfer Grant Deeds vs. Quit Claim Deed

A deed is a written document that legally transfers property from one person or entity to another. Through a deed, one spouse can give his or her own ...

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Removing Spouse's Name on House Mortgage During Divorce

Whether you are legally separated, getting divorced, or already divorced, you may need to remove your ex from your mortgage and assume the loan on you...

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Is My Spouse Entitled to My 401k?

If you're contemplating a divorce, you may have questions about the division of retirement benefits, including a 401(k). This article provides a bas...

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Division of Marital Property in Virginia

Equitable Distribution of Property The goal of Virginia's system of property division, known as "equitable distribution," is to divide divorcing ...

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Texas Community Property FAQ

When a couple divorces in Texas, the court will divide their community property as it deems "just and right."

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Divorce and the Closely-Held Business

A business typically provides income for the family and is also considered property, which may be divided between spouses in a divorce. In other wor...

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Tennessee: Division of Property in Divorce FAQ

If you are getting a divorce in Tennessee, you'll need to know what property belongs to your marriage and how that property will be divided between yo...

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Equitable Distribution in a Pennsylvania Divorce

In a Pennsylvania divorce, marital property is divided based on the rules of equitable distribution. This means property is divided "fairly", which do...

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Pennsylvania Property Division FAQ's

Division of Property in Pennsylvania When the topic of divorce comes up, one of the first considerations is the division of property. However, be...

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Ohio Property Division FAQs

When a couple divorces, the court will divide their marital property equitably. Below, you'll find some answers to frequently asked questions about Oh...

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Property Laws in Oklahoma

Dividing Property in an Oklahoma Divorce If you’re considering a divorce in Oklahoma, you need to know what happens to the property you and your ...

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New York Equitable Distribution & Divorce: FAQ

In New York, property is divided equitably when a couple divorces. This can result in an equal property division, but it doesn't always. An equitable ...

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Gifts and Loans from Parents in a New Jersey Divorce

Are gifts or loans from one spouses parents divided in a divorce?

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Equitable Distribution in a New Jersey Divorce

If you are contemplating divorce in New Jersey, you'll need to know how your property will be divided. New Jersey considers the assets and debts a m...

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Divorce and the Marital Home in New Jersey

Divorcing couples have three options to equitably distribute the family home: the easiest is to sell the home and split the proceeds.

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Inheritances and Divorce in New Jersey

When New Jersey couples divorce or dissolve a civil union, the court divides their marital property in an “equitable”—that is, fair—manner. ...

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New Jersey Equitable Distribution: Part 2

What happens to a divorce judgment if the parties reconcile? In some of my cases, the parties reconcile after the divorce is over. If the parties rec...

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Gifts, Loans and Divorce in New Jersey

Couples going through a divorce in New Jersey typically divide “marital” property (assets acquired during marriage, including gifts between sp...

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Property Division by State

Community Property v. Equitable Distribution. If you and your spouse can not determine how to divide property that is jointly owned, the courts will...

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Who Gets the House in Divorce?

During a divorce, there is often quite a bit of controversy over the marital home. The family home is sometimes the most valuable asset in a divorce...

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Selecting a Realtor/Facilitator: Interview Tips

  When selecting a realtor, look for at least several years of experience in your local market, preferably in your neighborhood and preferably with...

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Refinancing or Buying Out Your Spouse: Insights from a Mortgage Lender

If you are getting a divorce and you own your home, you'll have some important decisions to make. Will you sell the house and divide the proceeds? Or ...

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Keep the House and Refinance the Mortgage

If either spouse wants to keep the family home after a divorce, refinancing is often necessary in order to “buy-out” the other spouse's interest i...

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Divorce and Real Estate Listing Agreements

A real estate listing agreement is a legally binding contract between you and the listing broker. It establishes a “principal - agent” relationshi...

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Divorce and Property Division in Missouri

If you’re going through a divorce in Missouri, you should familiarize yourself with Missouri's marital property laws in order to protect your ri...

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Problems of Hidden Assets in Michigan Divorce Litigation

Hiding marital assets during divorce is illegal. That doesn’t seem to stop some greedy spouses.

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Tackling the Financial Challenges of a Second Marriage

Second marriages are prone to additional stresses, particularly when there are children from a previous relationship involved. Some common problems ...

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Maryland Marital Property FAQs

Learn about the laws governing marital property in Maryland.

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