Separate and Shared Marriage Property

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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Most Common Family Law Issues:

How Do You Define Property When Getting a Divorce?

When getting a separation or divorce, it is a very common practice to divide the property either through a mutual agreement or through a court proceeding. When taken into court, these disputes are dealt with in terms of what is shared property and what is separate property. As these determinations are made, anything deemed to be separate property is not relevant to the proceeding and belongs to the person whose separate property it is. Shared property will be deemed to belong to both husband and wife, and its future owner will be decided by the court.

What is Commonly Referred to as Separate Property?

The following are the most common forms of separate property: 

What is Commonly Referred to as Shared Property?

The following are the most common forms of shared property: 

Should I Contact a Family Law Attorney?

If you are going through a divorce and are in a dispute over the status of property, you may find the advice of a family attorney to be extremely helpful. Because of the complicated nature of divorce proceedings, the counsel of a divorce attorney that specializes in these kinds of disputes can be beneficial when evaluating how to proceed with the separation or divorce.

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Last Modified: 01-31-2013 03:49 PM PST

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