Mechanics of Property Division

[Ed: Originally published on Facebook.] This week we’ve been looking at examples of property division. I want to shift a little bit and talk about the mechanics of property division. As a starting point, assume every division of property – that is, every instance of one spouse transferring any property to the other spouse – carries…

Property Division: “Equitable” Does Not Always Mean “Equal”

[Ed: Originally published on Facebook.] Yesterday we looked at a fact pattern that shows how a court can make “equitable” awards of property that are not necessarily “equal”. Yesterday’s example was based on each party’s current ability to pay. Today we will look at a common fact pattern which involves different time horizons. Let’s say the…

Equitable Division of Property

[Ed: Originally published on Facebook.] Yesterday we looked at “community property”. Today we will look at the property division scheme in effect in most jurisdictions: “equitable distribution” (or “equitable division”). The key word, of course, is “equitable” – which does NOT necessarily mean “equal”. For many judges, they will start out presuming an equal division is…