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Property division , also known as equalization , is the division of property rights and obligations between pairs during divorce. This can be done by agreement, through property settlement , or by a court decision.

Distribution of property is a division, due to the death or dissolution of marriage, property owned by the deceased, or obtained during marriage.

Video Division of property



Great Britain

In the UK & amp; Wales, a partner or out of marriage can agree how joint and despairing assets will be shared without court intervention. If an agreement can not be reached, a court may be required to determine fair and equitable sharing. Miller v Miller's case gave the wife a considerable proportion of the husband's recent profits resulting from transactions in the City even though the marriage was short-lived.

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United States Act

In the event of a divorce, only marriage properties will be considered for the distribution of the property and only those assets which will be considered as marriage properties that have been acquired during certain marriages. Such assets may include marriage houses, bank accounts, investments (including stocks, bonds and retirement savings) and even businesses established during the marriage concerned. In some states (New York state), the degree of education acquired during marriage may be considered a marriage property. In such countries, divorce settlement will often require the payment of an educated partner to another spouse of the expected future earnings of those due to a degree earned during the divorce, and may require the expertise of a labor economist or other statistician and financial expert.

In Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994) , courts describe fair equality of marriage in divorce because it is fairer, or fairer, than a separate property system. The court may consider such factors as "a substantial contribution to the accumulation of property, market and the emotional value of assets, taxes and other economic consequences of the distribution, the needs of the parties, and other factors relevant to a fair outcome." Justice is the prevailing guideline that will used court. Benefit payments, child support obligations and all other properties will be considered. Even unreal contributions such as the household's contribution of a spouse to a household will be taken into account, whether the couple has anything named or not. Couples who have made unreal contributions can claim the same interest in marriage property at the time of the divorce.

Uniform Marriage and Divorce Law Ã,§307 (UMDA §307) also allows for a fair distribution of property factors and lists to be considered by the courts, such as "Marriage duration, and previous marriage of either party, the antenuptial agreement of the parties [equal to the prenuptial agreement or prenuptial agreement], age, health, station, employment, amount and source of income, vocational skills, work eligibility, land, liabilities and needs of each party, custodian provisions.. ", etc. Breeding marriage is not a factor in the decision-making process.

Another form of property distribution in divorce is called "community property distribution".

Equal distribution is not the same distribution. For example, after the dissolution of marriage in which the wife serves as a home-stay mother for most marriages, the court may grant to the wife more than 50% of the property distributed as compensation for the down payment for her projected need to return to the workforce with a wage lower than he could command if he spends his time developing work experience outside the home rather than working indoors.

Separation: The 4-Step Process to Property Settlement
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References

Source of the article : Wikipedia

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