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Understanding marital property issues in divorce

by | Aug 3, 2016 | divorce


Various types of challenges may arise regarding property issues when spouses choose to end their marriages in court. Divorce is seldom easy, and there are certain matters that may need to be clarified in order for all involved to better understand the proceedings. An area of concern for many is that of the division of marital property.

Typically, the majority of states govern such matters as “common law states.” In a common law state, if both spouses names are listed on the titles of owned property or other assets, then each is considered as owning half that asset or property in a divorce situation. Any ownership that exists in one spouse’s name only is considered as belonging solely to that person.

When a couple divorces, the court decides how properties will be divided between spouses. Some couples have previously signed prenuptial agreements that specify how assets are to be divided if a divorce occurs at a later point in time. There are also “community property states.” This means that all assets acquired after marriage are considered as being owned equally between both spouses.

Anyone considering divorce who has questions regarding the laws of his or her state may seek clarification of such issues through an experienced family law attorney. Some situations are complex, such as when a spouse who has used personal income to purchase a vehicle or other high-valued asset is told that the other spouse owns half of that asset. Such things often lead to contentious debates which may perhaps be avoided through skilled guidance and effective representation.