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Division of property






         • Court must adhere to laws and rules established by the state regarding

            marital property.

         • Marital (or community) property is usually divided between parties and


            nonmarital property is not.

            – Nine states are community property states. In these, all assets acquired during marriage are
                considered marital assets.

            – In the other states, assets acquired during marriage are not necessarily divided equally.

         • Property acquired prior to marriage or commingled during marriage may

            become marital property.


         • Allocating more in assets to one party than the other is not uncommon.
            The imbalance is sometimes corrected using an equalization note.



         6 6  © 2019 Association of International Certified Professional Accountants. All rights reserved.
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