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Questions about Equitable Distribution Law

When a couple faces a divorce, the question of distribution of income often arises. Many times, there is a skew in the marital assets and liabilities between the partners and this can raise a number of questions about distribution of marital income during a divorce. Equitable distribution of marital property and income is a system adopted by many states for resolving income disputes between partners. Below are some of the most commonly asked questions about equitable distribution of income and marital property.

During a 7-year marriage in Oregon, if the wife paid cash for the house, who would have rights to the house and property?

Usually when property acquired before marriage is carried into a marriage; it would remain with the party that owned the property before marriage. However if the house was purchased after the marriage, then it should be split equally in most cases unless it can be proven that it was bought with inherited money or money that was obtained by one of the spouses prior to the marriage.

What states are equitable distribution states for divorce proceedings?

Equitable distribution happens in every state other than the community property states. The community property states include Arizona, California, Idaho, Louisiana, Texas, Washington, Nevada, and New Mexico. All other states follow the equitable distribution system.

If an individual has an “Equitable Distribution” agreement with an ex-husband and he stops making court ordered payments, can the wife file her own paperwork at the courthouse to get a hearing without legal representation?

In most situations, the wife can file on her own behalf for a contempt of court order. However, if there were legal representation at the time of the divorce, many times the court might require proof that the legal representation has been discharged and is no longer working on the case.

How does someone get a court date for emergency injunction for an equitable distribution case that was previously issued a court date?

A hearing for a permanent injunction may possibly be set if the judge can be shown that there is a reason to step up the court date. Many times gathering the proof to have the court date expedited can take longer than the original date that was previously set. If the person that needs the court date can prove theft or a misrepresentation the court usually will up the date to expedite.

If the marriage has joint debt of $50,000 is this equitably distributed?

In most situations, if the two individuals are married then all the debt responsibility and the property are equitably distributed. Although there might not be a “joint” possession in the title and it might be titled in either one of the party’s name. For instance, if one of the individuals has a credit card that’s only in their name then the debt might be only partially distributed to the other party. This is usually taken on a case by case basis. Equitable distribution is common. However it can spark a lot of different questions about legal rights and obligations.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9283
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
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Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
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Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Equitable Distribution Questions

  • My mother recently passed away in Cook County, Illinois. I

    My mother recently passed away in Cook County, Illinois. I am her only child, and am living in California. She left behind a husband in Illinois. They have no children. She had no will. I have read about intestate succession in Illinois and understand myself to be an interested party.
    My issue is that my mother's husband considers all assets that my mom held--regardless of how she held them--to be "community property" in the eyes of the law, so he does not plan to open her estate in court, obtain letters of office, or pursue any legal assistance in settling her affairs. If he chooses this path, he is no complying with Illinois state law. I am quite certain that my mother's investments--separate from the house they own together--total much more than 100K, and it is possible that I am designated as a beneficiary on one or more of her retirement/investment accounts. However, her husband is not willing to discuss this with me or to share with me any details of my mother's finical affairs, as he considers them to be his financial affairs now.
    This is because her husband believes her estate is not considered "intestate" since she was married at the time of her death, that the laws of intestate secession do not apply to married couples in Illinois. I know this to be untrue.
    Her husband believes that he can use her death certificate and their marriage license to take control of her accounts and dispose of her assets as he sees fit. I have read enough about intestate secession in Illinois to believe that he will likely experience administrative/legal roadblocks if he does not open her estate and obtain letters of office. Her assets should be distributed according to law, not based on what her husband feels is right. However, I need to understand whether I should trust that the law alone will protect my interests as an interested party in this matter, or what (if any) actions I can/should take to make ensure that my interests are indeed protected.
    I am only seeking fairness, transparency, and compliance with the law. However, I am also concerned about taking actions that my mother's husband would perceive as antagonistic. He has physical possession of my mother's cremated remains, family heirlooms of sentimental value to me, and my original birth certificate, and has met my attempts to discuss financial matters with what I believe to be lack of transparency and unnecessary hostility. How do I assert my legal rights without exposing myself to undesirable consequences?
  • If I was living in Boston and moved back to tx and 5 months

    If I was living in Boston and moved back to tx and 5 months later, filed divorce in Texas, does that make it the wrong court and I can transfer it?
  • My fiance was in a car accident during the 30 day time he

    My fiance was in a car accident during the 30 day time he was asked to provide discovery for a motion to modify parenting time. He was also received a subpoena to attend a deposition on dec. 1st. I am a respondent for that motion and I too have received
    notice of discovery, but only invited to attend the deposition. The discovery is due on Dec. 1st and the accident was on Nov. 22nd. We had been preparing the discovery, but the accident caused traumatic brain injury of my fiance. He is being treated by a neurologist
    and under doctors orders not to read, write, research, go out in public, get too emotional or use his brain nor expose himself to stress. My fiance needs to some how make a motion to not attend the deposition until he is cleared by his doctor. The doctor believes
    it could be as soon as mid december, but most likely it will be after the 1st of the new year. What motion does he need to make? I have an ex parte on Dec. 1st a 8:30am to request the date of the hearing be changed...could I also request that the discovery
    and deposition be moved to or do I need to make a new motion or does my fiance need to make his own motion?
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