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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.
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