Practice Areas

Personal Injury

Family Law

Auto/Car Accidents

Estate Planning/Probate

Real Estate

Putnam Law Office
801 Commerce Dr.
Decorah, Iowa 52101
Tel: (563) 382-2984
Fax: (563) 382-8810
E-mail: info@putlaw.com Blog:http://blog.putlaw.com

Decorah, Iowa Attorney practicing in Iowa primarily in Personal Injury, Family Law, Auto/Car Accidents, Estate Planning/Probate, and Real Estate. Attorneys at Putnam Law Office are dedicated to serving their clients in Iowa, including the cities of Decorah, West Union, Waukon, Cresco, Elkader, New Hampton, Dubuque, Waterloo, Mason City, Waverly, Independence, Charles City, Iowa City, Cedar Rapids, Osage, Davenport, Garner, Eldora, & Clinton, and the communities that make up Winneshiek, Fayette, Allamakee, Howard, Clayton, Chickasaw, Dubuque, Black Hawk, Cerro Gordo, Bremer, Buchanan, Floyd, Johnson, Linn, Mitchell, Scott, Hancock, Hardin, and Clinton counties.

Contact an Iowa Family Law lawyer representing clients in Iowa City, Iowa today to schedule your free initial consultation.

Division of Property

Division of property between spouses is a difficult issue to resolve during a divorce. There are two different systems in place that each state uses for property division: Community Property or Equitable Distribution. No matter which system is used, each state has its own guidelines for dividing marital property. You should seek legal advice from one of our experienced attorneys as this is a complicated area of family law.

Community Property

Community property is a system of property division in which all property is divided equally, regardless of whose name it is in, that was acquired during the duration of the marriage, not including inheritances and gifts in some jurisdictions.

There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. In these states, property that was acquired prior to the marriage stays with the party who acquired it. Although some community property states permit equitable distribution where justice is served, rules vary state to state and are filled with exceptions.

Equitable Distribution

In equitable distribution states, all property, whenever or however acquired, regardless of legal title, is subject to equal or unequal division. “Equitable” does not mean equal. Courts strive for a fair division between the parties and take into consideration several factors to make that determination.

There are 16 states in which all property of either spouse is subject to distribution on divorce, in the discretion of the court. These states include:

Alaska
Massachusetts
New Hampshire
Utah
Delaware
Michigan
North Dakota
Vermont
Hawaii
Mississippi
Oregon
Washington
Kansas
Montana
South Dakota
Wyoming

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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you consult an attorney for individual advice regarding your own situation.

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If you would like to schedule a free initial consultation, contact an Iowa Family Law attorney, representing clients in Iowa City, Iowa at the Putnam Law Office. Give us a call at (563) 382-2984 or email us at info@putlaw.com.