Dividing up property during a divorce

Laura Wasser, Family Law Attorney, explains the two different property division schemes in family law and how they impact property allocation during a divorce
Divorce Rights And Facts | Dividing Up Property
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Dividing up property during a divorce

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The United States has two different property division schemes in family law. There is community property, which is what we have in California. And there is equitable distribution, which is what´s used, for example, in New York state. In California, you would be able to keep what you brought into the marriage. That´s your seperate property. And anything that´s earned from the date of marriage onward and not received by gift or devise of somebody dies and you inherit it is community properly and would be split in half. Equitable distribution states deal with income and assets acquired during the marriage in a different way and the examination of how those assets came to be in a different way. So you should check and see what the state you are living in and getting divorced in, which property scheme they use and research that and perhaps talk to somebody that can give you more information about how those assets would be divided and whether you actually come out with what you came in with.

Laura Wasser, Family Law Attorney, explains the two different property division schemes in family law and how they impact property allocation during a divorce

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Laura Wasser

Family Law Attorney

Laura has been a family law practitioner for nearly 20 years. Her practice focuses on the separation and reconfiguration of families. Being a child of divorce, and having personal and professional experience in this field, she believes that she can do better for the children of today and help with an oxymoron: a “good divorce”. Laura is the author of It Doesn't Have to be That Way: How to Divorce Without Destroying Your Family or Bankrupting Yourself.

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