Who Gets What in Divorce?

Division of Property in DivorceProperty division in divorce, especially between disagreeing couples, can get dramatic. When both spouses want to possess same item or property, they are expected to fight for it and not let the other party win the battle. Absolute 50-50 distribution is not always applicable in non-community property states, but this possible in community property states.

A divorce attorney in Denver says instances of fraud or misconduct may cause the spouse to lose property rights in divorce. This can happen if one party attempts to hide property or assets so that the court will not distribute it. Altering a divorce decree is possible if one spouse can prove the fraud.

House Ownership

Certain factors come into play when determining ownership of the house after the divorce. One important factor is child custody, and it is common for the custodial parent to get the custody of the house. If there are no children involved, other factors are considered. Until the divorce is final and if parties are listed as owners, one spouse cannot lock the other one out.

Vehicle Ownership

The ownership of this property may vary from state to state or case to case. Some states consider the vehicle as community property and may be awarded to the party who needs it the most. Other states, however, may consider vehicles as separate property if it was separate from the relationship. If one party has the title or is one paying for it, that spouse is most likely to get the car.

Custody of the Pet

Pets were once considered as personal property and the one who purchased it gets the custody. This today, however, is different as they may carry the same pedigree as kids in divorce distribution process. While pets are still considered property, both parties may have joint custody or have visitation rights to see their pets.

Wedding Gifts

The ownership will depend on a number of factors, such as the giver’s intention, nature of the gift, as well as its exclusivity. States have different rules about possession of wedding gifts. In most cases, a real present will be the property of the party who receives it, as they gift giver want the receiver to own it permanently.

Laws relating to property rights after a divorce are complicated. It is best to consult a divorce or a family attorney to tell you about your options regarding property distribution.

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