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Frequently Asked Questions

How will a court divide assets that were paid for with both separate and community property?

Justia :: Community Property Frequently Asked Questions
If parties provide adequate documentation, most courts will trace the origin of funds used to purchase an asset. For example, if a spouse can prove that separate property was used to make a down-payment on a family home, the court may require that the spouse be reimbursed for his or her separate property payment. See similar questions...

When we divorce, will the court divide all of our property and debts 50/50??

Do It Yourself Documents? - Washington State Divorce, Legal ...
In Washington State, the court is not required to award one spouse's separate property to that spouse, or to divide the community property 50/50. In Washington State, the court can make any division of property and debts that is just and equitable, after considering: The nature and extent [The nature of the property means what type of property it is (real estate, cars, household items, etc). The extent means how much property there is or how much it is worth. See similar questions...

We own a house and other property. How will the Court divide the property?

LawHelp State Frequently Asked Questions
A Colorado Court will divide your marital property in a manner "that is fair and equitable" to both parties under the circumstances. What is "fair and equitable" is up to a Judge. Divorce Judges in Colorado have a lot of power to divide property however they want. But if you and your spouse can agree on how to divide your property, the Judge will probably agree, too. See similar questions...

What is separate property and community property?

Texas Family Law Attorney, Denton TX Divorce Lawyer | FAQs
Separate property includes property which a person owned prior to marriage, property received by a person during the marriage as a gift, proceeds from personal injury lawsuits, and property inherited before or after the marriage. Texas is a community property state. Community property includes all property acquired during marriage, except property acquired by gift or inheritance. See similar questions...

How does the court decide how to divide property?

Douglas Cohn, Attorney at Law
The Court must determine what property is marital property and what property is not marital property. Property which a spouse has inherited, was gifted, or brought into the marriage is not considered marital property unless there is a valid agreement otherwise. See similar questions...

What is the difference between separate and community property?

Houston Divorce Lawyer Frequently Asked Questions
certain kinds of recoveries for personal injuries Community property is all property other than separate property. All property owned by either spouse at the time of marriage is presumed to be community property. The party that is asserting the claim of separate property has the burden of proof on that issue. See similar questions...

How does the Court divide the property acquired in a divorce?

Frequently Asked Questions
Pursuant to the Code of Virginia the Court will attempt to "equitably divide" the property by determining what is alleged to be separate and what is alleged to be marital including each party's share to the other party's pension. There are dozens of factors to be considered in determining these issues. See similar questions...

Who will divide our property?

DivorceNet - Tennessee Property Division Frequently Asked Qu...
If you and your spouse are able to agree on how to divide your property, then the agreement will be documented with what is called a Marital Dissolution Agreement. If you are unable to agree, you will go to court, and the judge will decide and order an equitable distribution of your property. See similar questions...

How does the Court determine what is community property?

Mansouri Law Offices
California is a "community property" state. What this means is that most property that is acquired by either the husband or the wife during the marriage is community property and is essentially owned equally by both the husband and wife. The opposite of community property is separate property. The most common reason that property is determined to be separate is that it was acquired either before or after the marriage, or was a gift directly to one spouse. See similar questions...

How and when does a court value community property?

Justia :: Community Property Frequently Asked Questions
Most courts value community property by looking to its fair market value. Fair market value of an asset is determined at a time as near as practicable to the date of trial. See similar questions...

Can I transfer my separate property as well as my community property into the Living Trust?

Windell, Ferguson, & Lin, Attorneys, - Frequently Asked ...
Yes. All your assets both separate and community are transferred into your Living Trust but they are not commingled. Separate property assets retain their separate property character while in your Trust. If there is a divorce or dissolution of marriage, all assets come out of your Living Trust in the same way they went in: Community property is divided between the parties and separate property is returned to the party who originally owned it. See similar questions...

What is community property, and how does it differ from separate property?

Noelke, English & Prescott, L.L.P.
Texas is a community property state. This means that all property and income obtained during the marriage (whether by the husband, the wife, or both) belongs jointly to the husband and the wife. By law, community property must be divided in a "just and right" manner, and not necessarily 50/50, at the time of divorce. In some circumstances, an unequal division of community property is found to be "just and right. See similar questions...

What is the difference between community property and separate property?

Frequently Asked Questions | Washington State Office of Mino...
There are nine community property states - Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.These states generally regard as community property all property that has been acquired during the marriage, other than a gift or inheritance. Even if one spouse earns all the money to acquire the property, all the property acquired is considered to be community property. See similar questions...

Can the court divide pension proceeds?

Douglas Cohn, Attorney at Law
Yes, pension or retirement which accumulated during the marriage is considered marital property and is subject to a property division by the Court. Pension or retirement earned before the marriage will not be considered in the division See similar questions...

Should I divide my assets evenly between each of the three portfolios you provide?

Answers to Frequently Asked Questions
We wouldn't think so. We have a broad range of subscribers, with quite different interests regarding the market and investing. So we provide several types of portfolios for them to choose among, by mixing and matching to their personal and financial situations, goals, interests, time for the market, etc. Because we have no way of knowing what those personal considerations are, we cannot provide an asset allocation recommendation or specific portfolio. See similar questions...

Why is it important to know the difference between community property and separate property?

Divorce in Arizona - FAQ
It is important to know what community property the spouses have because in a dissolution case the court is required by law to divide the community property in a fair (not necessarily equal) way. You must be able to show the court adequate proof of what you are claiming as your separate property, as the court must decide which property is separate property belonging to each spouse. See similar questions...

Can we also divide property and/or debt?

Nevada divorce in 1-2 weeks, Quick & Low Cost, or No Residen...
Yes, but not with the annulment papers unless you are a resident of Nevada. If you are not a resident of Nevada any other issues such as property or debt could be handled in your state or we could draft a Property Settlement Agreement for $50. See similar questions...

How do I divide controller.py and model.py into separate files?

FAQ - TurboGears Documentation
For example, You can get the full path to the templates directory inside the wiki20 package by: from pkg_resources import resource_filename resource_filename('wiki20', 'templates') You can then easily move up an down in the filesystem by using the functions form the standard os.path module. See similar questions...

What is Separate Property?

DIVORCE HQ Frequently Asked Questions
Is Texas a "Community Property" State? The authors and creators and any and all persons or entities involved in any way in preparation of the website known as Divorce Headquarters and/or divorcehq.com disclaim all responsibility for the legal effects or consequences of the interpretation of the information provided. Individuals intending to use divorcehq.com as an information resource should seek advice from family law professionals and experts familiar with the laws of their state. See similar questions...

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