Divorced Persons and Property Rights
What are Property Rights in a Divorce Setting?
Every state has laws which outline how property is to be distributed between the parties in a divorce setting. The basic distinction between state laws is whether the state is a community property state or a non-community property state. Community property is any property that is accumulated during marriage.
In a state that follows community property rules, each spouse will have an equal share in community property, while separate property will be distributed in full to its legal owner. Non-community property states may have different rules regarding property that is collected by the couple during marriage.
What are my Property Rights after a Divorce Ruling?
Generally speaking, divorce orders are final and binding upon both of the parties. However, there are some instances where property issues may linger even after the divorce proceeding has been concluded. In such rare cases, each party may have different rights after the divorce ruling has been issued.
Some common situations involving property distribution after divorce include:
- Errors made in the divorce proceeding: If errors were made during the hearings, it may require a recalculation of the marital assets. This would require proof that an error was in fact committed, and that the property should be re-evaluated.
- Relocation during divorce proceedings: If either spouse moved during the divorce or close to the time of divorce, it can have effects on the property distribution. This is especially true if the party moves from a community property state to a non-community property state.
- Appeal: A divorce ruling may be appealed under certain circumstances. For example, if new informational evidence is obtained after proceedings that would have affected the outcome of the previous divorce suit, it may form the basis of an appeal. Abuses of judiciary discretion can also lead to an appeal.
Finally, any instances of fraud or misconduct by one party can cause them to lose their property rights in connection with divorce. In fact, some states require a showing of fraud before they will consider altering a divorce decree.
Do I need a Lawyer for issues with Property Rights after a Divorce?
If you have any issues regarding the distribution of property in a divorce case, it is helpful to retain the services of a family lawyer. An experienced attorney will be able to tell you what your options are under the laws of your state. While most divorce decrees are generally considered to be final, there may be several alternative remedies available in your situation.
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Last Modified: 06-21-2011 11:53 AM PDT
