Division of property between spouses is a difficult issue to resolve during a divorce. There are two different systems in place that each state uses for property division: Community Property or Equitable Distribution. No matter which system is used, each state has its own guidelines for dividing marital property. You should seek legal advice from one of our experienced attorneys as this is a complicated area of family law.
Community property is a system of property division in which all property is divided equally, regardless of whose name it is in, that was acquired during the duration of the marriage, not including inheritances and gifts in some jurisdictions. There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, property that was acquired prior to the marriage stays with the party who acquired it. Although some community property states permit equitable distribution where justice is served, rules vary from state to state and are filled with exceptions.
Inequitable distribution states, that all property, whenever or however acquired, regardless of legal title, is subject to equal or unequal division. “Equitable” does not mean equal. Courts strive for a fair division between the parties and take into consideration several factors to make that determination.
If you need to file or have been served with divorce paperwork at Island Law Office, PC, LLO, we can help. We understand your situation and can discuss your options and the progress of your case. When a marriage comes to an end, there are complex matters involving the division of property, child custody, visitation and support. When faced with a divorce, contact Island Law Office, PC, LLO and let us help you.
Bell Island is a graduate of the University of Nebraska College of Law and has lived in Scotts Bluff County since 1994. Bell started in the Scotts Bluff County Public Defender's office and opened his own practice in 1999. Bell continues to represent clients in the areas of Criminal Law, DUI, Divorce and Family law, and Probate, matters. Read More
If you would like to schedule a initial consultation contact a Nebraska family law attorney, representing clients in Harrisburg, Nebraska at the Island Law Office, PC, LLO. Give us a call at (308) 633-4040.