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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. You can also start by downloading FindLaw's Guide to Spousal Support [pdf].
Learn About Divorce and Property
  • Property and Debt Division FAQ

    Answers to frequently asked questions on debt and property division in divorce. Learn about what happens to property and debt after a divorce, including community property and the family home.

  • Inheritance and Divorce

    An overview of how inherited money and property are treated in divorce. While inheritances usually aren’t subject to equitable distribution in divorce, there are certain exceptions depending on state law.

  • Sample Property Settlement Agreement

    Settling a property dispute can allow you avoid a lengthy court battle and save a substantial amount of time and money. This sample form will give you an idea of what a property settlement agreement looks like.

  • Issues to Discuss with Your Lawyer

    A checklist of important divorce-related issues you should discuss with your attorney. This list should help you avoid missing critical issues, like those related to child custody, property, and spousal support.

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