3. Property Division (UPC)

Question 1

How may community property be divided?

Answer 1

Marital property
- Equal distribution

Separate property

• Gifts to directed spouses
• Bequests to directed spouses

Question 2

What is the procedure for equitable division of all property?

Answer 2

Equitable division

- Property acquired before/during/after marriage

Question 3

What type of marital property may be equitably divided?

Answer 3

Uniform Probate Code (Most common approach)

Acquired during marriage

Businesses operated + owned by spouses

Spouses’ active appreciations that increase value

• Increased value => Supporting spouse
• Original value => Original spouse

Support to spouses (even if not actively involved)

Pensions earned during marriage

Compensating contributions for education/training to acquire professional licence/degree

Personal injury damages (between marriage and separation)

Stock options acquired during marriage

Mixed property

• Separate property no longer traceable
• Evidential intention as marital property (named in both spouses’ names)

Question 4

What type of separate property may be equally divided?

Answer 4

Acquired before marriage

Acquired during marriage

• Gifts
• Bequests
• Descent

Question 5

What factors may determine equitable division?

Answer 5

Age/Education/Background

Financial capacity

Marriage standard/duration

Present incomes

Financial sources

Health

Assets/Debts

Needs

Child custody provisions

Alimony

Contributions

Question 6

Are property decrees modifiable?

Answer 6

No

Property awards

• Determines past division at time of divorce
• Ascertained division

Support awards

• Determines future support
• Unascertained division

Question 7

Is jurisdiction required for enforcing property awards?

Answer 7

Yes

- To adjudicate on the merits only