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Property Division


The division of assets, property and debt is determined by the divorce laws in your state and the divorce court examining the circumstances of the divorce. In some states, the couple can negotiate debt and asset division in a contract. The divorce court may also accept and follow a prenuptial agreement or postnuptial agreement.

In property division, states typically either follow community property or equitable distribution laws. With community property laws, the marital property is divided equally in a divorce. Equitable distribution laws determine property division by different factors, including the length of the marriage, age and health and property brought to the marriage. Equitable does not necessarily mean equal and will depend on what the court decides is a fair division.

Property Distribution

Marital Property

Separate Property

State Property Division Laws

Community Property Law

Equitable Distribution Law

Modifying Property Division

Learn about Property Division with a Divorce Attorney

Find out how property division laws in your state could affect you during divorce. A local divorce lawyer can explain how your state determines property division during divorce and what you can do to protect your property. Fill out a divorce case review form or call 877-349-1310 to connect today.

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The above summary of property division in divorce by no means all-inclusive and is not legal advice. For the latest information on property division laws in your state, speak to a divorce attorney in your area.