The Divorce Code provides that all property acquired by either spouse during the marriage, with certain exceptions like gifts and inherited property, is marital property, regardless of in whose name the property is held. It should be noted that the increase in value during the marriage of gifts, inherited property, and premarital property which remain in one parties name, will also be considered marital property.

A marital settlement agreement spells out the terms of the divorce and the relationship between the two spouses after the divorce. These agreements usually cover property division, child custody and child plans, debt division, spousal support, and any other relevant issues related to the divorce. LegalZoom's Divorce Service includes a free marriage settlement agreement. Although not required, filing a martial settlement agreement has many advantages.

The marital settlement is automatically included, free of additional charge, with the purchase of one of LegalZoom's divorce packages.

Marital property is all property that is either jointly titled, or acquired during the marriage other than by gift from third persons or by inheritance, no matter how titled. The court is allowed to award jointly titled property to either party, or order such property sold.

Assuming you are using marital assets, buying a car and paying for your girlfriend’s rent will provide a basis for a finding of dissipation. As a result, the money you spend on her will be added into the total value of marital assets. Furthermore, if you are hiding these expenses as a business expense, you must be aware that doing so can also be considered dissipation.

Although laws vary from state to state, you may have a negligence claim even if you are partly at fault. For example, in some states, you may recover damages on a negligence claim as long as you are not found to be more than 50% at fault. Return to FAQ menu.

The value of the minerals is included in the assessment of property taxes by the appraisal districts. If you would like to view how the appraisal district handles the valuation of minerals you may visit www.tag.org/Datasearch/datasearch.htm and select Mineral Interest Valuation Detail (it is on the right side of the page). The City does not definitively know the answer at this time of how property values may be impacted by gas drilling.

It is a method for distributing property acquired by either spouse upon the divorce.

Separate, non-marital property is all property acquired before the marriage in the sole name of either party, and property acquired by one party solely during the marriage by gift from third persons or by inheritance, or with the proceeds of separate property, as long as the proceeds of such non marital property have themselves been kept separate during the marriage.

Marital property is typically valued by it's fair market value at the time the marital litigation is filed or commenced. However, because a period of months or years may elapse before a divorce decree becomes final, some states allow the parties to share in the appreciation or depreciation of marital assets between the date of separation and the date of divorce.

All property acquired by the parties during their marriage is subject to "equitable distribution." The purpose of equitable distribution is to achieve a fair distribution of what the parties acquired during their marriage. "Equitable" does not necessarily mean that the property will be divided one-half to each of the parties. New Jersey is not a so-called "community property" State, where this would necessarily be the case.

Rights created in treaties, statutes and executive orders are property rights, for example, the rights to hunt, fish or gather on lands ceded to the United States. There are also judicially-recognized reserved rights created by actions of the United States, for example, the right to water for an Indian reservation arising from the creation of Indian reservations.

The Hayward Fault Zone is shown on an available map in the Planning Division. Many real estate offices also have maps of the fault zones. Check with the Planning Division at 215-3034 for specific determination of fault zone limits.

Artists retain all rights. The only thing we have a copyright on, or any other rights on, are the Frog Peak productions and collections themselves, not the individual artist works.

If you do not make required minimum payments to your creditor you may be breaking the terms of your agreement with them and your actions will probably be reported to consumer reporting agencies as a late, delinquent, charged ?off or past due balances. This is true anytime you fail to make your minimum payments in a timely manner. After settlement your creditor may comment that the account was "settled for less than the full amount" on your credit report.

After a husband and wife separate, especially if they intend to divorce, it is desirable for them to enter into a written agreement to provide for: Also included are many other items which set forth the mutual rights and duties of the two people. This agreement is a contract, but may be enforced as though it is an order of the court. Certain provisions in the agreement concerning child custody, visitation, and child support con later be modified by the court if circumstances change.

Answer: Restitution for a loss is not considered to be income. According to the majority view and interpretation of current IRS law, if an injured individual obtains a settlement from an at fault third party, that settlement is not taxable. There are exceptions to this rule, however, with respect to punitive damages. If a jury returns a verdict for punitive damages in addition to compensatory damages, the punitive damage portion of the verdict is taxable.

Yes. Only Puerto Rico bars the division of pension rights upon divorce. All states have one method or another of granting the division of military pensions as marital property. You should check the laws of the state where you're a legal resident, as well as the "home state" (or domicile) of the servicemember. You should also consult a military legal assistance attorney as to pension division in specific states.

The court may assign to either spouse all or part of the estate of the other spouse after consideration of the following factors: The contribution of each party to the acquisition, preservation or appreciation in value of their respective estates