Divorce and Property
Divorce not only terminates the legal partnership between two spouses but also divides property previously shared by the couple. While property owned by either spouse prior to the marriage can remain the property of the original owner, nearly everything acquired after the wedding (community or marital property) is most often subject to division upon divorce. This section includes resources to help those going through a divorce determine how property should be divided, what happens to shared debts, how to find hidden assets, what happens to the family home, the effect on insurance policies and more. A marital property division checklist and a sample property settlement agreement form also are included.
- Property and Debt Division FAQ
Explains what happens to property and debt after a divorce, including community property and the family home
- Factors Considered in Dividing Property
List of factors courts use to determine how property should be divided, including a spouse's earning power, fault and duration of marriage
- Inheritance and Divorce
Article discussing what happens to inheritance money after a divorce
- Marital or Community Property
Property acquired during the marriage is called "community property". Learn how courts typically divide community property after divorce
- Checklist: Dividing Marital Property
A useful checklist to help you keep track of your property, including the "little" things, like clothes, TV's, and artwork
- Sample Form: Property Settlement Agreement
Example of what a property settlement agreement between divorcing spouses may look like
- Separate Non-Marital Property
Discussion of what happens to separate property after divorce
- Modifying or Undoing a Property Division
Discusses the rare situations where a court may un-do a prior property division judgment
- Searching for Hidden Assets at Divorce
Tips on where to look to find hidden assets, such as past tax returns, children's bank accounts, and safe-deposit boxes
- The Family Home
Discusses what may happen to the family home after a divorce
- Family-Owned Business
Discusses what may happen to family-owned businesses after divorce
- Pensions
Pensions are considered intangible property -- or property you can't see. This article discusses what may happen to these "hidden assets"
- Personal Property
Discusses friendly ways to split personal property
- Allocation of Debts
Discusses how to divide debt after divorce
- Credit Card Accounts
Discusses what happens to credit card accounts, including individual and joint accounts, after divorce
- Insurance Policies
Discusses divorce and its effect on insurance policies
- Effect of Bankruptcy
Discusses divorce and its effect on bankruptcy
- Personal Injury Awards
How personal injury damage awards are treated upon divorce
- Lottery Winnings
What happens to lottery winnings after divorce?