Divorce Property Division in Divorce

Question 1

What are the two main legal systems US states use to divide marital property in a divorce?

Accepted Answer

Community property and equitable distribution

Answer

US states follow either community property (roughly 50/50 split) or equitable distribution (fair but not necessarily equal) systems for dividing marital assets.

Question 2

Which of the following is typically classified as 'separate property' in a divorce?

Accepted Answer

Assets inherited by one spouse before or during marriage

Answer

Inherited assets generally remain the separate property of the inheriting spouse and are not subject to division in divorce, provided they were kept separate.

Question 3

What is 'transmutation' of property in divorce law?

Accepted Answer

Changing separate property into marital property or vice versa through actions or agreements

Answer

Transmutation occurs when separate property is converted into marital property (or vice versa), such as when separate funds are deposited into a joint account.

Question 4

What is 'commingling' of assets in a divorce context?

Accepted Answer

Mixing separate property with marital property so they become indistinguishable

Answer

Commingling occurs when separate property is mixed with marital property to the point where it can no longer be identified as separate, often making it subject to division.

Question 5

How many US states follow the community property system?

Accepted Answer

9

Answer

Nine US states follow the community property system: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

Divorce Practice Test

Divorce Practice Test

Divorce Property Division in Divorce