I’m actually typing up our own uncontested divorce papers. I’m keeping one vehicle and he’s keeping house, land, and one vehicle. I’m trying to find out how to put it in the paper. Anyone know of a website that has examples or anything?
It depends on what state you’re living in. Most states divide marital property under the theory of equitable division of assets and liabilities. If you come from one of these states, I would think you word your public notice by listing the property and then stating that each parties believes that this is an "equitable division of assets and liabilities."
However, a minority of states (9 the last I heard) still adhere to community property laws, meaning all marital assets and liabilities are divided 50/50. You must first determine whether the property is a "marital asset." If the property was acquired during the marriage or if the property was significantly improved during the marriage, then it would probably be considered a marital asset and would have to be split equally. If the property was acquired before marriage or if it was a gift to one spouse by a family member during the course of a marriage, it may be deemed separate property and would not necessarily have to be divided. Of course, even in a community property state, the parties could choose to agree upon a division of the property. If you’re in a community property state, then you should probably state in your notice that the parties agree on the division. Hope this helps.
January 29th, 2010 at 7:59 pm
First each party needs to list all the material assets within the CIS, case information statement, then under equatable distribution the material assets listed under CIS are usually dived 50/50
If that is the case go down to your local court house they will have a pro-se uncontested divorce papers, where you can each fill out and list the assets you each will retain after the divorce
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January 29th, 2010 at 8:18 pm
It’s either real property or personal property.
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January 29th, 2010 at 8:35 pm
It depends on what state you’re living in. Most states divide marital property under the theory of equitable division of assets and liabilities. If you come from one of these states, I would think you word your public notice by listing the property and then stating that each parties believes that this is an "equitable division of assets and liabilities."
However, a minority of states (9 the last I heard) still adhere to community property laws, meaning all marital assets and liabilities are divided 50/50. You must first determine whether the property is a "marital asset." If the property was acquired during the marriage or if the property was significantly improved during the marriage, then it would probably be considered a marital asset and would have to be split equally. If the property was acquired before marriage or if it was a gift to one spouse by a family member during the course of a marriage, it may be deemed separate property and would not necessarily have to be divided. Of course, even in a community property state, the parties could choose to agree upon a division of the property. If you’re in a community property state, then you should probably state in your notice that the parties agree on the division. Hope this helps.
References :
Law school (family law)