Tuesday, January 11, 2011
-Eigenschaft, um eine Scheidung-Siedlung.
Divide the property is often the most complex part of a divorce. Spouses who were before their marriage as to acquire during the marriage. This property is divided into two categories: marriage and distinct. Spouses can then prepare your own property settlement agreement or a Court of first instance is divided between the spouses property. Separate PropertySpouses allowed to each property that Tribunal judges maintain cohabiting or separate. If a spouse acquired the property before marriage, must keep separately during the marriage, to retain exclusive ownership. (Footnote 1)Some were considered while receive marriage may be different. For example, if a spouse receives a gift or a bequest of his family, it is its distinct property. If a monetary rewards received both spouses for a continuation of injury, it also preserves the exclusive property of money on divorce. (Note 2)Sales PropertyAll and all property during marriage marriage acquired is regarded as marital status or the property of the community. (References 1, 2). In addition, separate property are sometimes a property law through a process called "Transmutation." If property law, such as wages, are in one of the spouses separated deposited bank account or separate property as a heritage or prices injury, in a joint account is stored, the funds will be as are mixed and separate property is property law. If jointly purchased property on separate funds, the property is also marital status is accordingly divided. (Footnote 1)Property settlement AgreementsSpouses your own settlement agreement can outline do design the right of the property. The agreement must be submitted to the Court for approval. The Court of Justice isHe agreement will approve how istgerechte futures to both spouses. If a court finds that a spouse was represented by his own solicitor or a spouse not fully has all his property Disfermer, the agreement is considered "unacceptable" and the Court will not defend. (Footnote 4)Spouses of community property DistributionIf are unable to agree on their own, a court will divide the property. Several countries considered community property States. You are in California, Louisiana, Arizona, Idaho, New Mexico, Nevada, Washington, Texas, and Wisconsin. Community property States allow the spouses owners of their separate property and Division of matrimonial property between the spouses remain. If a court property, shares the value of the property, not the physical property, however, the Court. The Court determines the percentage of each spouse property elements are entitled and then distributed until the spouses property have estimated the total to half. (Note 2)Fair property according to "equitable distribution" divide other distribution all. This means that the courts examine several factors to determine that is fair to both spouses, taking into account the financial situation of each of the spouses to a resolution. Factors include: age health and each of the spouses, the duration of the marriage, the value of each spouse, own assets income of the spouse each posts by each spouse to the acquisition of the property, the spouse has custody of children and marital misconduct, such as adultery or abuse, courts can reduce support for spouses, real estate prices as a sanction. (Footnote 3)
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