Divorcing from your spouse is a very difficult decision to make as there are many things you have to consider for your future that you never thought earlier. Financial assets and liabilities need to be divided between two of you and therefore you have to consider all these aspects under the frame of law.
While dividing debts and assets after divorce following few questions will come. Let us understand them with more detail so that you can help yourself to make amicable settlement with your ex-partner while getting divorced.
Question 1: How to distinguish between your community and non-community property?
Let us try to understand what the legal perspective about community property is.
- Community property
This property is that which was earned by both of you during your married life and the earnings out of it. In case during the period of your marriage you have incurred any debt for which creditors owe it from you then this will also be considered as community debt.
- Individual property of any one spouse
Usually, this property consists of the property that one spouse has inherited or awarded, pension property that the spouse must have earned from military service or any other government service before marriage, any property invested or purchased from the separate fund of the spouse, any business owned by the spouse before marriage.
However, a portion of this may be included in community property if the business had progressed further due to joint effort after the marriage. However, if this separate property has been commingled during marriage then either part or full amount will be considered as community property based on few conditions.
- Combined property
Combined property will generally come under community property category unless the spouse can prove that a separate fund was used individually by single spouse to acquire that property.
Question 2: Who gets the right to stay in the house?
If there are children out of marriage then the parent who provides all the primary care to children remains at home with the children. However, if there are no children then the house will remain with the spouse who is the owner of the property and the other partner has to leave the house.
In case you do not have any children and the house is co owned by both the spouse then the situation becomes tricky. Neither of you can ask the other to leave the house, but can only request or mutually settle the issue. In case, you cannot settle mutually between you then the court will decide this during the proceedings.
In case, any of the spouses try to use force to vacate the house then the matter can be reported to police and domestic violence case will come and judge may get biased towards the victim.
Question 3: how debts and property is divided during divorce?
Usually, it is for both spouse to decide how to distribute their property and debts. In case, they fail to reach any agreement, the court will decide it according to law. Community property is equally divided between two spouses. The debts will be decided after proper scrutiny by the court.