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May 14, 2012, 08:25:00 AM
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Will I get to keep my house/car/property?
In jurisdictions where community property laws are in effect, your spouse will normally be entitled to an equitable share of the marital, or communal assets. This usually includes all property, real estate, vehicles, and personal items purchased during the marriage.
In some cases property owned prior to the marriage may be considered a shared asset and is therefore community property.
The 'equitable share' is normally decided upon by the judge and may be set at more than 50% of all personal AND marital property. Currently, nine states - Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin - use what is called the 'community property system'.
Note that under "No Fault" divorce, a spouse's bad or destructive behavior (such as infidelity, drug use, psychological problems, etc) generally cannot be held against them or factored into the property settlement phase of the divorce action.