Divorces are very hard for the individuals who are involved in it. Misunderstandings mostly lead to a divorce. It is seen that many disputes occur over the distribution of the property and the valuable intems distribution between the husband and the wife during the divorce. If the husband or the wife doesn’t agree on a common term, he or she may go to the court with the help of their lawyers for the legal distribution of the property. The court will then decide the right distribution criteria for the divorced couple. The dividing of the assets mainly depends upon whether you are living in the community property states or in the state of equitable distribution.
Community property states
You first need to know what community property and separate property are. Community property is the property that is jointly owned by the husband and the wife. This includes the property and the valuable things that were acquired during the marriage even by the wife’s efforts. Separate property is the property that is separately owned by the either of the spouses. Separate property includes the property that was acquired before the marriage such savings account that you opened before the marriage, the car you purchased before the marriage.
In Community property states, the law is that both of the spouses must receive an equal amount of the community property and assets. The two shall receive equal halves in every condition, suppose if the house is to be given then the house must get sold and the value should be divided among the former couple.
Equitable property states
Inequitable property states the property must be divided in a suitable manner. Assets are not necessarily get divided into equal halves but in a fair way. The property can be divided according to some important factors that are the duration of the marriage, the jobs, individual earnings and the work history of the spouses, also according to their health and the expenses of the children.