What is considered something that was acquired during the marriage and what am I entitled in my divorce? 11 Answers as of February 20, 2014

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The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
In Arizona you are generally entitled to one half of the community property acquired during the marriage. To answer your question with an example, money or retirement benefits that are earned while you are married are community property, subject to division in a divorce. Money or items that come from an inheritance, or a specific gift to one of the spouses is generally considered the separate property of that spouse. This type of separate property may be converted into community property by, for example, taking the money from the inheritance and using it to pay off community debts, like credit card debt from the marriage. It would also be converted if the inheritance was used to pay off the mortgage on a community residence. You should consult with an experienced Arizona family law attorney to discuss your rights.
Answer Applies to: Arizona
Replied: 2/20/2014
GordenLaw, LLC
GordenLaw, LLC | Vanessa J. Gorden
Generally, Nebraska law makes all debts and assets gained during the time you were married (date of marriage to date of separation OR date of divorce finalization, judge's choice) to be marital. If you had a retirement account, for example, before you were married, the value prior to marriage would be yours as premarital, BUT any increase or contributions during the time you were married are generally marital and subject to being divided. An attorney is necessary to help you through these types of questions. They can review your case and give you a sense of what you would likely receive and your rights and obligations. There are just too many factors the Courts consider to give a blanket answer to that type of question, such as the length of your marriage, each of your earning potential, your education, the debts of the marriage, the finances involved, contributions to the marriage, etc.
Answer Applies to: Nebraska
Replied: 2/20/2014
John Russo | John Russo
Something that you acquire during the marriage, with the exception of gifted or inherited property that remains separate, whats don't you understand about that? You are married, you go out and buy a brand new car, its marital, your mom buys you a new car that is registered only to you that non-marital but you can make it marital under the doctrine of transmutation.
Answer Applies to: Rhode Island
Replied: 2/20/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Your question is asking for a recital of the entire body of community property law. More specifics on your particular case is required.
Answer Applies to: California
Replied: 2/20/2014
Barr, Jones & Associates LLP
Barr, Jones & Associates LLP | Andrew Brasse
If you file for divorce, both people get about half of any property and the debts that you acquired together while married. The court will figure out what you have from the marriage and give you each roughly half if you cannot agree to it on your own.
Answer Applies to: Ohio
Replied: 2/20/2014
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    For a Community Property State, such as California: Any money earned between the date of the legal marriage and the date that the couple separated is community money and if not used up during the marriage, should be split. If that money was used to acquire things (property, cars, stocks, antiques, furniture, electronics, etc) during the marriage, than those things should be equally divided as well. You each should figure out the value of the assets (their value is what you should get if you had a garage sale, not new), then try to assign the assets so that you each end up with approximately the same value. Note that this does not include things not acquired with the community money, given given to either of you, such as gifts or inheritances.
    Answer Applies to: California
    Replied: 2/20/2014
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    Anything that was acquired during the marriage is subject to equitable distribution. That does not necessarily mean 50/50, but equitable. One exception is if you inherited money (and kept it separate).
    Answer Applies to: New Jersey
    Replied: 2/20/2014
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Items acquired during the marriage are commonly known as community property items. Each spouse is the owner of the item. For example, if you and your spouse own a car, the car belongs to both/each of you. Either of you can do what you wish with it. What you are entitled to will depend upon many things. Your best bet is to talk with an attorney who will advise you properly.
    Answer Applies to: Florida
    Replied: 2/20/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Anything that was purchased or received during the marriage with community funds or as a community gift. If you inherited money and kept it in a separate account or you purchased property with separate funds and maintained it separately, it would not be community property.
    Answer Applies to: Idaho
    Replied: 2/20/2014
    Law Offices of Gerard A Fierro
    Law Offices of Gerard A Fierro | Gerard A Fierro
    In California, any asset, property or earnings are considered community property when acquired after the date of marriage until the date of separation. The exceptions are when a spouse receives gifts, an inheritance, or the property is acquired using other separate property. A careful analysis of a particular situation should be made by an experienced attorney.
    Answer Applies to: California
    Replied: 2/20/2014
    Law Offices of Frances Headley | Frances Headley
    All income and property bought during the marriage is considered marital property unless the property was inherited or bought with separate money or assets, ie money or assets owned before marriage. All marital property is equally divided upon dissolution.
    Answer Applies to: California
    Replied: 2/20/2014
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