property division

Question 1

list (3)

property division approaches

Answer 1

1. community property - all property acquired during is divided ½; all property thru gifts/acquired/bequest separate
2. equitable division of all property - ct divides all property acquired before or after marriage
3. equitable division of marital property - most common; each spouse takes their separate property and ct divides property acquired during marriage

Question 2

list (3)

how to divide property

Answer 2

1. decide what is martial
2. decide what is separate
3. make equitable division of marital property

equitable does not mean equal

property distribution NOT MODIFIABLE

Question 3

how do jxs determine when the marital estate ends

Answer 3

some jx use date of separation

some jx use date of filling for divorce

Question 4

how can separate property become martial property

Answer 4

1. commingling - separate property that is inextricably intertwined with marital property such that the differences cannot be differentiated
2. transmutation - separate property that evidences an intention for property to be martial

Question 5

improvements of separate property

Answer 5

sep property improved through use of martial funds stays separate but spouse can be reimbursed for contribution/value added

Question 6

pension earned during marriage

Answer 6

marital property

Question 7

professional licenses

Answer 7

not distributable property but other spouse can be compensated for supporting the student spouse

Question 8

what is NOT a consideration in division of property

Answer 8

martial fault

Question 9

list (2)

how can ct ultimately divide property after choose method

Answer 9

1. property in kind - dividing assets
2. by contribution - awarding assets to one spouse and money to the other