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Encyclopedia > Equitable distribution

Division of property also known as equitable distribution of parties which is a judicial division of property rights and obligations between spouses during the process of the dissolution of marriage (divorce). it may be done by agreement, through a property settlement or by judicial decree.


Need to put information in here about the difference between marital property, property regimes (i.e. pre-nuptial agreements ) and community property (family patrimony) in both common law and civil law jurisdictions.


  Results from FactBites:
 
North Carolina Divorce Law and Property Distribution or Equitable Distribution or Division of Property - (580 words)
Equitable distribution law presumes, further, that an equal (50/50) division of the marital property will be equitable.
Fault is not relevant in an equitable distribution proceeding, except to the extent that marital misconduct has had an economic impact on the marital estate.
Where the equitable distribution factors make it equitable for one spouse to receive more (or less) than 50% of the net marital estate, a court's award would be unequal, that is other than 50/50.
Equitable Distrubution FAQ's :: New Jersey Law Articles & Documents (4540 words)
The main theory of equitable distribution is that a marriage is an economic partnership.
Equitable distribution calls for a judge to apportion the marital assets in such a manner that will be equitable and just to both parties under all circumstances.
“Equitable distribution” states that each spouse is entitled to a portion of the marital property in relation to his/her contributions during the marriage.
  More results at FactBites »


 
 

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