How Is Property and Debt Divided at Divorce?
It is common for a divorcing couples to decide about dividing their property and debts themselves (with or without the help of a neutral third party like a mediator), rather than leave it for the judge to decide. If however, a couple cannot agree, they can submit their property dispute to the court, which will use state law to divide the property.
Division of property does not necessarily mean a physical division. Rather, the court may award each spouse a percentage of the total value of the property. (It is illegal for either spouse to hide assets in order to shield them from property division.) Each spouse will get personal property, assets, and debts the total net worth of which add up to his or her percentage.
Courts divide property under one of two basic schemes: community property or equitable distribution. Community debts are divided according to the same principles.
- Community property. In Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington,Wisconsin and Puerto Rico, all property of a married person is classified as either community property (owned equally by both spouses) or the separate property of one spouse. At divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property.
- Equitable distribution. Assets and earnings accumulated during marriage are divided equitably (fairly). In practice, often two-thirds of the assets go to the higher wage earner and one-third to the other spouse. Equitable distribution principles are followed everywhere except the community property states listed above.
Copyright © 2005 Nolo
I have a few questions regarding a marital issue I am having. My husband and I are common law married. We have been together 8 years, bought a house together, and have a child together. We are no in the process of separating, and he wants to buy another house before he moves out. This has been going on for two months now, and I want closure between us. I want to start building my life again (I have two other children involved in this as well), but he refuses to leave unless he finds "the right place" as he puts it. Our credit is not very good right now, and I do not understand how he plans on buying a house. Is there anything I can do legally to persuade him to move out soon, or am I stuck until he finds a place? We live in South Carolina.
My wife and I live in NC at this time and she is reloacting to SC, we have lived here for 1 year. Will our legal seperation have to be in NC. Also I have earned 63% of our combined wages this year and want to know if everything is 50/50. At this time she is taking what she wants and living me with what she feels I can get by with.
MY FORMER HUSBAND AND I DIVORCED IN THE STATE OF SOUTH CAROLINA WHERE WE HAD RESIDED AND ACCUMALATED DEBT. IN THE DIVORCE DECREE IT STATES HE AGREED TO TAKE SOLE RESPONSIBILTY FOR THE DEBTS DURING MARRAIGE. CAN A CREDITOR SUE ME IF MY FORMER HUSBAND LATER FILED BANKRUPTCY. URGENT
We are an elder couple. Does a spouse have to will a specific amount to his or her spouse in order for a will to be legitimate in SC?
We are an elder couple. Does a spouse have to will a specific amount to his or her spouse in order for a will to be legitimate in SC?
If I married in South Carolina and lived there 2.5 years-relocated to Tennesee and ahve lived there for 15 years, what state laws govern the divorce proceddings?
My husband and I are divorcing after 3 years of being married. He has been out of the home we purchased together w/no down payment 4 years ago since 2/21/04. Can you explain to me how the house will be "divided" for the divorce proceedings? I keep hearing the word "equity" and I am unsure if this is the amount paid towards the principal or if this refers to the market value minus the amount left owing on the loan. I had to pay over $9000 in January of this year to keep the house from being foreclosed on in addition to the other payments I have been making on my own since he left the house. I just need clarification.
Thanks so much
I am common-law married with a spouse of 17 yrs of age difference, when we got together I was 16 yrs. of age and now I am 29, before having children he left to Mexico to visit family, ended up getting married knowingly that he and I had a common-law marriage exsisting in the state of Texas which was witnessed by family members and by friends although a civil marriage never exsisted he and I lived and told everyone that he and I were husband and wife, he lived basically a double life. Did he commit Bigemy?.His wife that he married in Mexico back in 94' filed for divorce in 98'now lives in Kankee IL.,the marriage with her didn't last a month and she left without letting my husband know that she was expecting a child by him and,basically got a clear ticket into the U.S. She got public assistance because she gave birth to a son in Cook county IL. therefore making him a U.S. citizen but got public assistance in Feb. 2005 - Feb. 2006 about 11yrs later after him being born, my husband didn't know about the child's exisitance until now. He has been ordered to pay child support in the state of Texas and has no problem doing so , due to paternity test done the results revealed that he is indeed the father of this child whom he never came to know. The child is now 12 yrs. old but my husband wants to leave my children all his benefits if he were to become deceased by natural causes or by accident, leaving nothing to the other child with the other former spouse. Is this possible to do even tho' he never had any contact or such communications or wants recgonition of this child to be elegible to have any access to his benefits?. What steps can be done to insure that my husband wish to deny any access of benefits to this child that he does not want nothing to do with. And can his former spouse fight in court for any of my husband's benefits even tho' the marriage never really exsisted between them like mines has been since 1992 up until now 2006.
How does the law regard separation of property when adultery is involved?
I am in South Carolina. I was married for 13 1/2 months. I am 27 and my wife is 20. She was supposed to be schooled through the first year of marriage but delayed it until the second at which time she filed suit against me and we separated. When we married I borrowed a $9,300 personal loan to pay for the honeymoon and appliances. I got 100% mortgage (one 80% and one 20%) on a house and financed furniture. I came into the marriage with a paid for Honda and as a result of my life leaving me stranded at work was forced to finance at 100% another vehicle. She did not work during the entire marriage. What would equitable distribution be in my case with more debt than assets? She is pushing me to the limit through court. We both have attorneys. I came to the last hearing ready to set the trial date but they pushed it even further ahead. Help!
I recently filed for divorce from my wife who committed adultery. I've allowed her to keep primary custody of our three children. She has asked to trade cars because her AC doesn't work very well. I declined and now she is threatening to go through the courts to have my car taken away and awarded to her. She claims she can do this and stick me with the payments. Now the car is in my name and I am currently making payments on it. I live in Columbia SC and she is currently in Charleston SC. What I want to know is do her threats hold any water and if so do I have any recourse.
My husband and I married three years ago in Nevada. We have lived three different places since then and are currently residing in SC. We are now on the outs. He got out of the military last year and I have been supporting him while he attends college full time. I have a large amount of money in savings and recently received an inheritance. He has a GI Bill that he is not currently using. What is he entitled to? I do not want any of his GI Bill but feel if he tries to take my savings I should do the same. Where do I stand?