What is considered community property in a divorce?
What is considered community property in a divorce?
Community property states follow the rule that all assets acquired during the marriage are considered “community property.” Marital property in community property states are owned by both spouses equally (50/50).
What assets are protected from divorce?
The following property is exempt from property division in Alberta:Assets that are a gift from a third party;Any assets acquired by inheritance from someone’s estate;Assets owned before the marriage and brought into the marriage or relationship;An award or settlement for damages in tort; or lastly.
How do they decide who gets the house in a divorce?
Whether the property is held in one person’s name or in joint names is a factor that determines what happens to the family home after a separation or divorce, says Shaya Lewis-Dermody, principal solicitor with The Family Law Project. “Most couples hold the property’s title in a joint tenancy,” she says.
Who keeps the family home in a divorce?
In most divorces, the marital home is a couple’s biggest asset. It’s also the center of family life and often serves as an anchor for families with minor children. If a judge determines that the marital home is one spouse’s separate property, the solution is simple: the spouse who owns it, gets it.
