The author of 25 texts, Mr. Santucci speaks to over 2,000 people per month and travels more than 150,000 miles annually. Many thanks to Mr. Santucci for his generosity in sharing his wisdom with readers of Divorce Online. Before beginning a property settlement, the parties must know what property is owned separately and what property is marital. State laws obviously differ as to the legal relationship between and liabilities of spouses. While the specific property laws of each state vary, the following rules can be used as general legal principals.
Married couples accumulate property, called marital property.
However, marital property will take various forms depending on state law. Under common law, marital property is divided at divorce according to who has legal title to the property. Only property jointly owned by a couple can be divided by the court. Earnings belong to the spouse who has earned the income. On divorce, community property is divided equally between the spouses.