Legislation regarding marital rights and division of the assets following a divorce varies greatly from state to state. According to Forbes, the greatest determining factor in asset division is whether the couple resides in an equitable distribution or a community property state. Community property states recognize both partners as equal owners of property and assets, whereas equitable distribution states allow divorce settlements based on the histories of the two parties.Continue Reading
According to Cornell University's Legal Information Institute, property falls into two distinct categories: marital and separate. Married spouses share ownership of property acquired during the course of the marriage. Should a spouse enter into a marriage with existing property or assets, those belongings are separate and not necessarily subject to the ruling of a divorce court.
The Association of Divorce Financial Planners also cautions divorcing spouses to pay close attention to hidden assets. Unreported income and property held through a third party are subject to the same division principles as other assets. It is important to discuss the division of any and all property thoroughly before signing settlement paperwork. Furthermore, the Association of Divorce Financial Planners recommends working with a professional to determine whether maintenance payments are necessary by one spouse to preserve the standard of living for both individuals.Learn more about Law
Legal rights for teen parents vary from state to state, just like for adult parents. These rights include custody and control over the child, cooperation and obedience from the child, right to the child's earnings and right to sue if someone wrongfully injures or kills the child, according to TeensAdvisor.com.Full Answer >
A free separation agreement template is used for married couples who want to have a legally binding contract regarding issues relating to the division and details of their finances, children and assets during the course of a temporary or permanent separation of the marital household. Free separation agreement templates are readily available online from websites such as FindLaw.com, divorcesource.com and LawDepot.com. When using a free separation agreement template, keep in mind that different states have different rules and regulations governing these agreements, according to LawDepot.com; therefore, a separation agreement template should be customized to the couple's state of residence and situation.Full Answer >
In the state of Michigan, the right of dower assigns a married woman one-third ownership rights to any property purchased by the husband. Dower rights are claimed after a husband dies. The widow is entitled to a portion of the property assets for the rest of her life.Full Answer >
For a person to protect her rights during a divorce, she needs to identify and demand an equitable share of marital assets and prepare arguments regarding child custody, according to the Rosen Law Firm. If a person acts violently toward a spouse, protecting rights during a divorce often means leaving the home to protect the spouse's immediate safety and taking any minor children out of the marital home.Full Answer >