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Rules for property division are different in different states, so it is better to contact a divorce attorney from Karp & Iancu, S.C., to know how the asset division works in your region. Moreover, share all the details related to your case with the divorce attorney, as situations for your divorce also contribute to determining property division. 

Rules of states on asset distribution

  • Equitable division states 

Most states prefer equitable division in a divorce case, which means a fair distribution of marital assets. However, understand equitable division for an equal distribution of property. 

Depending on your case and circumstances, the judge will decide which property should go to which partner. Whoever needs more financial aid will end up with more property, or if there is an equal requirement, both spouses gain equal distribution. Anyhow, you are not in charge of what property to end up with, and once the court makes the final decision, the couple loses all their right to claim any assets, property, or debt. 

  • Community division states 

In certain states of America, the law suggests that both parents have an equal right to marital assets which means there will be a 50/50 division, known as community division. Precisely nine states of the US follow this method of division in divorce cases. 

Every property or asset during the marriage is considered a marital asset and a part of the distribution. Generally, in this division judge divides the property equally among the two spouses; however, in some conditions and exceptional circumstances, the judge might grant a slightly more amount to one partner. 

For example, Washington is a community property state; however, the judges must make the property distribution similar to the equitable division as the law suggests distributing the property reasonably and rationally. 

How to claim an unfair distribution in your divorce case?

Given that most states do not follow the 50/500 rule for property distribution, judges still try their best to award an equal amount of property to both spouses so that there is no dispute later. However, if you feel an unequal or unjust distribution in your divorce case, you must provide concrete evidence to prove that you require the property given to your partner.