One of the most important parts of any divorce is the share of the property. While it may be uncomfortable having to go to divvy up every piece of property that you own, it is a necessary part of any divorce. To ensure that each spouse takes a fair, reasonable marital property, the courts have what they call an “equitable distribution.”
Common Law vs. Communal Property
equitable distribution only in states that divorce law posed by the English form of divorce law, called the “common law.” Several countries, however, have a different system of divorce law. This will inherit the kingdom of divorce policy from Mexico, who received the law from Spain. In these countries, each partner owns a 50% interest in all property acquired during the marriage, and on the Division may vary from state to state. Nine community property states are:
· New Mexico
In these countries, equitable distribution does not.
Common Law States
Another 41 states are common state law, which follow the teaching equitable. In these states, the property is divided in divorce, by agreement, through the property settlement, or the right way. It is important to understand that “equitable” is different from “equal division.” Courts will no property to divide down the middle, but the prize assets and liabilities with respect to several criteria, such as:
The length of the marriage. The longer the marriage, the more likely that the contract price for the 50-50 division.
· The relative earning power of both spouses. If the spouse has a master’s degree and a good job, but the other does not have a degree and has been staying at home to raise the children, the second spouse will likely get more favorable to the substance.
· the number of children, and who has custody. The custodial parent is likely to have a large amount of property.
· Health. Maki with poor health may have a greater need for marital property. Courts will take into account.