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Property Division And Evaluation | Family Law | Geary, Porter & Donovan | Gpd

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By Author: gpdfirm
Total Articles: 19
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The law says that the court shall order division of property in a manner that the court deems "just and right", having due regard for the rights of each party and any children of the marriage. Only community property is divisible by the court; the court cannot divest a spouse of his/her separate property.

The court will initially presume that all property owned at the time of divorce is community property. A spouse must prove that an item of property is his/her separate property . However, if separate property has been "comingled" to the point that the separate property status cannot be clearly determined, the court will be required to rule that such property is community.

Generally, community property is all property acquired during the marriage. However, exceptions do exist. Some examples of community property may include, wages earned during a marriage, retirement plan contributions, pension plans, 401ks, IRAs, homes, cars, stock options, country club memberships, life insurance and more.

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