Dividing Property And Debt During Divorce FAQ

by May 21, 2021

It is worthy to note that at Quality Homes Reimagined, LLC, we don’t just buy your house for cash; we know the real estate business like the back of our hand. Our knowledge of this business estate enables us to make an accurate and fair cash offer for your property.

We have worked with several clients facing different problems that triggered the sale of their homes. Thus, we have come up with this article to provide answers to the frequently asked questions about dividing property and debt during divorce. Let’s explore more.

Question 1: How Can I Distinguish Between Non-Community And Community-Owned Properties?

Community properties are those properties that are gotten during the marriage and everything acquired with those earnings. All debts incurred during the marriage, unless the creditor was specifically looking to the separate property of one spouse for payment, are community property debts.

Non-community properties are items and assets that you or your partner got before the marriage in either your name or your spouse’s name. If both of you purchased that property with the money from one spouse, that spouse remains the sole owner of the property.

Question 2: Who Gets To Stay In The House After The Divorce?

The truth is, if there are children involved, then the court will most likely give the house to the parent that spends the most time with the kids. If there are no children involved and the property is owned by one of the spouses, this spouse has the right to ask the other one to leave.

If both of you own the house together, then neither of you has the right to throw the other person out. If you find it difficult to conclude, the court will likely decide for you during your divorce process.

Question 3: How Can Debts And Properties Be Divided After A Divorce?

The best thing for any couple on the verge of divorce is to decide how they want their property to be divided instead of leaving it to the court to decide for them. If a couple cannot agree to terms, you or your spouse must submit a property dispute to the court. The court will use state laws to divide the property, and it may or may not favor one party. The court usually divides property based on two schemes. They include:
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Equity Distribution

Here, all the properties and assets gotten during the marriage is divided equitably but not equally. In many cases, the court may most likely tell one partner to use separate property to be fair.
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Community Property

With community Property schemes, all assets, properties, and earnings are divided equally between the spouses while each spouse keeps his or her separate property.

Wrapping Up

It is illegal for either spouse to hide assets in order to shield them from property division. Meanwhile, dividing a property does not necessarily mean a physical division. The court may award each spouse a percentage of the total value of the property. Each spouse will get personal property, assets, and debts whose worth adds up to his or her percentage.

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