Division of Property When You Divorce
One of the most important matters in a divorce is how property is divided. It is usually best for you, your lawyer, your spouse, and his or her lawyer to agree on how to distribute property so that you don’t risk being unhappy with the decision of a judge.
Each state uses one of two basic systems to divide property: the “common law” system (sometimes called the “separate property” system) or the “community property” system. Within these systems, different states have different rules for defining property as marital or nonmarital and different rules for deciding how the property should be distributed.
This is a complicated area of family law, and you will probably need the advice and assistance of a family law attorney familiar with the family laws and procedures in your state.