Cooperation is essential for a smooth divorce but
unfortunately this is not always the case. Divorcing spouses are often at
battle with each other for child custody, child support, spousal support, and
of course property. Redondo Beach family lawyers are knowledgeable when it
comes to all aspects of property division laws. In a divorce, assets and debts
are divided between the divorcing spouses. Some couples may choose to divide
the property themselves without taking matters to court. However, if the couple
cannot come to an agreement, they will have to submit their dispute to the
court and adhere to property division laws set forth by the state.
In the U.S., property is divided by the courts under two
schemes: community property and equitable distribution. California, Alaska,
Idaho, Louisiana, Arizona, Nevada, New Mexico, Texas, Washington, and Wisconsin
are community property states. This means that the property of a married person
is either classified as community property (both spouses own the property
equally) or separate property (property is owned by only one spouse). For example, when a couple in California
divorces, community property is generally split equally between the spouses
while each spouse gets to keep his or her separate property. A Redondo Beach
family law attorney can provide detail information on the specific property
laws that apply to California divorces.
All other states follow the equitable
distribution scheme where property that is accumulated during a marriage is
divided fairly, but not necessarily equally between the two spouses. Courts may
even ask one spouse to surrender his or her separate property to make the
settlement fair for both parties. Regardless of what state you live in, it is
always a good idea to do research and get expert advice from a reputable family
lawyer about property division.
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