{"id":351743,"date":"2016-04-04T11:02:32","date_gmt":"2016-04-04T16:02:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/divorce\/divorce-property-division-faq.html"},"modified":"2023-06-08T08:25:07","modified_gmt":"2023-06-08T13:25:07","slug":"divorce-property-division-faq","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/divorce\/divorce-property-division-faq.html","title":{"rendered":"Divorce Property Division FAQs"},"content":{"rendered":"\n
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Divorce Property Division FAQs<\/h1>\n
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\n By Jade Chounlamountry, Esq.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Divorce property division is the process of dividing assets and liabilities between spouses. This division typically applies to assets acquired during the marriage.  The property division process involves determining which party to the divorce receives specific assets and assumes specific debts.<\/p>\n\n <\/div>\n\n

When a couple gets divorced, one of their main concerns is what to do with shared property. Who gets the house? Who gets the dog? The answer depends on the divorce laws of the state where you filed for divorce. It also depends on the ability of the spouses to reach an agreement.<\/p>\r\n

Q: What’s the Difference Between Marital and Separate Property?<\/h2>\r\n

A: Marital Property<\/a>: <\/b>Marital property refers to assets acquired during the marriage. This includes all types of property, both tangible and intangible. Marital property includes property acquired by either spouse, along with joint purchases.<\/p>\r\n

Separate Property<\/a>:<\/b> Separate property refers to assets acquired before the marriage. This can include gifts, personal injury awards, inheritance, and pension proceeds obtained during the marriage. Prenuptial agreements<\/a> are a great tool to outline separate property prior to getting married. A prenuptial agreement prevents questions of ownership in the event of a divorce.<\/p>\r\n

Be aware that a spouse’s separate property can become marital property. Couples who commingle their funds can change the classification of assets. For example, inheritances are separate property. However, if you use the funds from an inheritance to pay for a mutual debt like a mortgage, that inheritance could be marital property.<\/p>\r\n

When you purchase or maintain items using a mix of separate and marital property, a court will likely consider it marital property. If you commingle the property, it can convert into community property.<\/p>\r\n

Q: What Happens to Property in a Divorce Case?<\/h2>\r\n

A:<\/b> In every state, divorcing couples have the option of entering a settlement agreement<\/a>. If the couple is in an uncontested divorce, they can reach an agreement on all material issues without the intervention of a court. Settlement agreements outline the terms of property division, child custody, and spousal support agreed to by the couple.<\/p>\r\n

When divorcing couples cannot amicably decide how to divide marital property, the question may go before a judge in a family law court.<\/p>\r\n

State laws approach property division in two ways:<\/p>\r\n