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Topic: Division of property


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In the News (Tue 17 Nov 09)

  
  Kittitas County Sheriff | Property Division
Property is taken into custody by the Sheriff's Office for various reasons: as evidence that a crime was committed or attempted, as recovered stolen property, as found property or when a court order has been issued to the Sheriff's Office to take custody of property or for safe keeping.
Where property of a known owner is considered as safekeeping or held by court order and is not unlawful to possess will in most cases be available to the owner upon reason for safekeeping or court order hold is satisfied and is released by the authority placing the hold.
When property is available for the owner and the owner is not known, the owner can not be found or the owner fails to claim or wishes not to claim their property and all possible efforts to locate the owner have been exhausted the property is then considered unclaimed.
www.co.kittitas.wa.us /sheriff/property.asp   (465 words)

  
 Property Division
This is about property division in divorce in Arizona, including the general rule for Arizona property division, what effect the length of marriage and conduct of the parties has on property division after divorce in Arizona, how separate property works in Arizona, and treatment of the marital home and retirement plans in divorce in Arizona.
Property that was earned prior to the marriage or gifted or inherited by one spouse is considered “separate property” and should remain solely the asset of that person.
Generally separate property is property belonging to the individual spouses prior to the marriage.
www.divorceinfo.com /azfaqspropertydivision.htm   (715 words)

  
 Gifting With Equal Division of Property
First, when property is held pursuant to a written trust agreement, it is unlikely that a court would imply the existence of some other type of trust arrangement that is not consistent with the terms of the written trust.
It is unlikely that a court would allow a creditor of the husband to reach into and claim the property held in the wife’s revocable trust on the theory that she is holding that property for the benefit of her husband.
As a result, property held by the wife in her trust would be immune to potential claims from the husband’s creditors.
www.rjmintz.com /gifting-equal-division.html   (574 words)

  
 Tholstrup Law Firm - Property Division
Separate property is all property owned or claimed by a spouse before marriage; the property acquired by a spouse during marriage by gift, devise, or descent; and the recovery for personal injuries sustained by a spouse during marriage, except any recovery for loss of earning capacity during marriage.
Likely the greatest factor contributing to complexity of property division upon divorce is that during most of the marriage, there is not the anticipation of divorce, so separate and community property are co-mingled without any thought that there might need to be a rigorous analysis to separate the estates at some point.
Partnership property is the property of the partnership and not the individual partners to be divided upon divorce of one of the partners.
www.tholstruplaw.com /complex-property-division.html   (1996 words)

  
 Property Valuation and Review
Property is assessed at the municipal local level in Vermont.
For the purposes of education funding, all real property is classified as either homestead or nonresidential.
Any property that is not a homestead is nonresidential property.
www.state.vt.us /tax/pvr.shtml   (185 words)

  
 DivorceChoice.com - General Divorce Information
The division of your marital property may be the most important economic event of your lives, and should be dealt with in a mature and businesslike manner.
Division of property in Minnesota is done by "equitable distribution".
All property earned or acquired at any time during the marriage is considered marital property regardless of whose name may be on the title or who actually paid for it.
www.divorcechoice.com /generalinfo/divisionProperty.html   (755 words)

  
 Division of Property: California Division of Property Information & Division of Property Attorney
Such maritial property is characterized as "community property." However, property owned by a person before marriage is characterized as "separate property." In a California divorce, the parties may divide marital property by agreement on the status and interest in all of the property or part of the property.
Community property, including any income or appreciation, that is distributed or withdrawn from a trust by revocation, power of withdrawal, or otherwise, remains community property unless there is a valid transmutation of the property at the time of distribution or withdrawal.
Whether you and your spouse agree on the characterization of marital property and your interest in the property, "community property" and "separate property" are important legal terms that you should become familiar with.
www.custodymatch.com /family-law/divide-property.cfm   (635 words)

  
 Kids.Net.Au - Encyclopedia > Division of property
Division of property also known as 'equitable distribution' of parties which is a judicial division of property rights and obligations between spouses during the process of the dissolution of marriage (divorce).
it may be done by agreement, through a property settlement or by judicial decree.
pre-nuptial agreements) and community property (family patrimony) in both common law and civil law jurisdictions.
www.kids.net.au /encyclopedia-wiki/di/Division_of_property   (100 words)

  
 San Jose Division of Property Attorney :: Division of Property :: Campbell Divorce Lawyer
The state of California is a community property state, which means that all property acquired by a couple during the marriage is considered "community property" and—unless otherwise agreed upon or barring a premarital agreement—must be equally divided in terms of total net value when the marriage is dissolved.
Property obtained before or during the marriage as a gift or inheritance is considered separate property.
Once a property division is agreed upon or mandated by a judge, the agreement is very difficult to revise.
www.sagarialaw.com /lawyer-attorney-1029835.html   (728 words)

  
 Division of Property in a Divorce - Associated Content
To understand how property is viewed in a domestic setting, there are two general approaches that are used, depending on the state in which you live or in which you divorce may be pending.
In states that use the community property approach, all property acquired during the marriage is either community property or the separate property of one spouse.
Community property is divided equally between the spouses, regardless of how the property was acquired, the parties’ individual contributions to the acquisition of the property, how the property was used by the parties or how the property may be titled.
www.associatedcontent.com /article/21347/division_of_property_in_a_divorce.html   (536 words)

  
 Property Division on Divorce: Donald Moir's Family Law Canada
Be aware, then, that the property division under the FRA applies to the property itself, not to the property's value at a particular date.
And the property division part of the FRA is broad enough that it is good enough for those purposes.
The law will treat her contribution of household services as valuable and reward her by dividing the family property (usually, though, the claim is tied to a particular asset, such as a house) into some fair division to compensate her (somewhat--it's not an exact compensation) for her efforts.
ourworld.compuserve.com /homepages/dlmoir/propdiv.htm   (2443 words)

  
 Division of Property in Chicago, Illinois
In these complex situations, the parties often cannot divide their property on their own and therefore may require the assistance of experienced legal counsel for its ultimate division.
If separate property is combined with joint property a court may include that property among the other property divided upon divorce.
Because the specific rules in each state vary significantly and because the division of property depends on the complexity of your assets and liabilities, it is important to consult with an experienced family law attorney for assistance if you anticipate the division of property is likely to be an issue of controversy in your divorce.
www.mevorahlaw.com /CM/FSDP/PracticeCenter/Family-Law/Divorce.asp?focus=topic&id=1   (827 words)

  
 Property Division
This is about property division in divorce in Maryland, including the general rule for Maryland property division, what effect the length of marriage and conduct of the parties has on property division after divorce in Maryland, how separate property works in Maryland, and treatment of the marital home and retirement plans in divorce in Maryland.
This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal.
And non-marital property can be converted into marital property, for example, by mingling marital and non-marital accounts, changing the title on premarital accounts from sole to joint, or changing title on real estate to tenancy by the entireties.
www.divorceinfo.com /mdfaqspropertydivision.htm   (1018 words)

  
 Property Division
Division of property between divorcing spouses is a potential issue in all dissolution cases, even if no children are involved and neither spouse is seeking maintenance.
Property that otherwise would be separate property if it has been so "commingled" with marital property that it cannot be separately identified (this most commonly occurs when separate property is mixed with marital property in bank and investment accounts)
The distinction between separate property and marital property is important because each spouse is entitled to retain his or her separate property in any event, while marital property is subject to being divided between the spouses by the court if the spouses cannot agree.
www.scottlawfirm.com /property.htm   (557 words)

  
 Washington State Estate Planning Lawyer Kent Probate Attorney WA Family Law   (Site not responding. Last check: 2007-11-03)
All of the property and debts the husband and wife own, including separate and community property and debts, are before the court and are subject to division between them.
The property division must be "fair and equitable", and will not be changed by an appellate court unless there is a clear showing that the trial court abused its discretion.
Community property is all property acquired during the marriage, except for property received by inheritance, gift, or as a result of property owned before the marriage.
www.jcrlaw.com /FAQPropertyandDebts.shtml   (641 words)

  
 Division of Property Divorce Lawyer Maryland Attorney Marriage Family Firm
The distribution of property owned by a husband and wife whose marriage ends in divorce or annulment is dictated by the Marital Property Act.
Since Maryland law prohibits courts from transferring ownership of property or real property from one spouse to another, compensation to a spouse for their contribution in the marital property is through a monetary award.
Excluded as marital property is property acquired before marriage, acquired by inheritance or gift from a third-party, excluded by valid agreement, or property directly traceable to any of these sources.
www.maryland-lawoffice.com /DivisionOfProperty2.html   (382 words)

  
 DivorceNet - Equitable Division of Marital Property   (Site not responding. Last check: 2007-11-03)
Separate property of one spouse, which is a replacement, or substitute for property owned before the marriage.
The general rule is that all property acquired by either party during the course of the marriage using marital assets, regardless of title or source of payment, is marital property, subject to equitable division.
Property can be split into both separate and marital portions, based upon a complex formula, using the facts of each case.
www.divorcenet.com /states/georgia/ga_property   (659 words)

  
 Property Division
If the parties cannot agree on a division of property, then the court will divide the parties' community property "in a manner the court deems just and right, having due regard for the rights of each party and any children of the marriage" at trial.
The Court, in making a division, may consider disparity of income, education and training, health, age, fault in the breakup of the marriage, nature of the property, custody and any special needs of the children, and the parties' capabilities.
The burden is upon the spouse claiming separate property to prove that it is separate property by clear and convincing evidence.
www.houston-familylaw.com /Property.htm   (537 words)

  
 Colorado Division of Property Taxation Homepage
The Division coordinates and administers the implementation of property tax law throughout the 64 counties.
Exemptions is responsible for determining qualification for exemption from property taxation for properties that are owned and used for religious, charitable, and private school purposes.
Division of Property Taxation 1313 Sherman Street, #419 Denver, CO 80203 (303) 866-2371 dola.helpdesk@state.co.us
dola.colorado.gov /dpt/index.htm   (402 words)

  
 Property Tax Division
The division is responsible for training appraisal review boards, providing information to the public and scheduling seminars and presentations for appraisers, appraisal districts and taxing authorities.
For example, the property tax due on a vacant lot valued at $10,000 would be 10 times as much as the tax for one valued at $1,000.
What a property is used for on January 1, market conditions at that time and who owns the property on that date determine whether the property is taxed, its value and who is responsible for paying the tax.
www.window.state.tx.us /taxinfo/proptax/ptax.html   (1790 words)

  
 David G.M. Nicol - A British Columbia Divorce and Family Law Firm - Division of Property
The division takes place upon a divorce, annulment or declaration by a court that there is no reasonable prospect of reconciliation between the parties.
The division of property under the Family Relations Act is an equal division.
The division of property can take place by way of the sale of property and division of the proceeds of the sale, or by the court ordering one spouse to retain property upon paying compensation to the other spouse.
www.divorce.bc.ca /property.htm   (340 words)

  
 Texas Division of Property Divorce Lawyer | Home Ownership, Financial & Personal Assets | Houston, Harris County, ...
If you are facing a divorce in which community property is likely to be a source of disagreement (especially in dividing medical and dental practices), talk to a law firm experienced in Texas community property legal issues – the Enos Law Firm, serving clients in Galveston County and Harris County, Texas.
Community property is presumed to include all property and income acquired by the husband and wife during the marriage (including income earned after a divorce is filed up until the divorce is actually granted).
Separate property is property owned by a spouse before a marriage or property a spouse receives during a marriage by way of inheritance or gift (including a gift from the separate property of one spouse to the other).
www.enoslaw.com /practiceareas/Property-Division-Texas.asp   (1095 words)

  
 N.C. Property Tax
In other words, an individual owning property as of that date is liable for property taxes in the county where the property is located.
The Property Tax Division of the North Carolina Department of Revenue is the division responsible for this administration.
All public service company property is appraised by the Department of Revenue and the appraised values are allocated to the proper taxing jurisdiction for billing and collecting.
www.dor.state.nc.us /practitioner/property   (193 words)

  
 Property Division, community property, equitable distribution, guidlines for property division
Property held by the wife only, will become her sole and separate property after the issuance of the divorce decree.
Property held jointly by the husband and wife will be divided equally between the parties upon the issuance of a divorce decree.
Under equitable distribution, marital property is divided by the court in a fair and equitable manner.
www.familylawyerservice.com /property.htm   (226 words)

  
 Property and Debt Division FAQ   (Site not responding. Last check: 2007-11-03)
It is common for a divorcing couple to decide about dividing their property and debts themselves (with or without the help of a neutral third party like a mediator), rather than leaving it to the judge.
At divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property.
Division of property does not necessarily mean a physical division.
www.nolo.com /article.cfm/ObjectID/C75906FE-22D5-485C-BF77170850E16820/catID/101C121B-3FFB-42F9-B60C2CC50B6921C6/118/246/107/FAQ   (311 words)

  
 Division of Property & Debt - Colorado Divorce & Family Law Guide
Property acquired during marriage is generally marital property, regardless of how it is titled (with limited exceptions, as noted below).
Marital property includes any equity in a marital residence, stocks/mutual funds, retirement plans (including military retirement), bank accounts, the increase in value of one spouse's separate property, and tangible property such as vehicles and household goods.
If the original property inherited has been invested or exchanged, the property thereby acquired remains separate property providing it can be traced, through a series of exchanges, to the original separate property.
www.colorado-family-law.com /property-debt.htm   (738 words)

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