In the United States, states use one of two types of property division:
- In community property states, the spouses divide property equally if it's considered the property of both. Property that was given specifically to one spouse, purchased with separate funds or was acquired before the marriage is considered separate property. Community property states are Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin and Puerto Rico.
- All other states are equitable distribution states, which means they require spouses to divide all of the property they acquired during their marriage in an equitable (fair) way. That doesn't necessarily mean they must divide it evenly. Courts must take into account the incomes each brought into the marriage, their post-divorce financial needs, any financial sacrifices a spouse made to help the other succeed and sometimes, any misconduct in the marriage.
In both types of state, debts can also be marital property -- that is, your mortgage, credit card debt and other debt must also be split. Regardless of your state, it's important to make sure you report all of your assets and debts completely, so you are not accused of misconduct later. You are not allowed to hide your assets in a divorce, but your family lawyer can help you determine and prove which property is your separate property. A family lawyer will help you make your best case for a fair division of property to the court.
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