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Division of property, also known as equitable distribution, is a judicial division of property rights and obligations between spouses during
divorce Divorce (also known as dissolution of marriage) is the optional process of terminating a marriage in Stockholm Marriage, also called matrimony or wedlock is a culturally and often legally recognized union between people calle ...

divorce
. It may be done by agreement, through a property settlement, or by judicial decree. Distribution of property is the division, due to a death or the
dissolution Dissolution may refer to: Arts and entertainment Books * Dissolution (Forgotten Realms novel), ''Dissolution'' (''Forgotten Realms'' novel), a 2002 fantasy novel by Richard Lee Byers * Dissolution (Sansom novel), ''Dissolution'' (Sansom novel), a 2 ...
of a marriage, of
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
which was owned by the deceased, or acquired during the course of the
marriage Marriage, also called matrimony or wedlock is a culturally and often legally recognized union between people called spouse A religious marriage. A spouse is a significant other Significant other (SO) is colloquially used as a term ...

marriage
.


United Kingdom law

In England & Wales, partners in or out of marriage can agree how the joint and severally hold assets will be divided without the intervention of the courts. Where agreement cannot be reached, the courts may be asked to determine a fair and equitable division. The case of
Miller v Miller A miller is a person who operates a Gristmill, mill, a machine to grind a grain (for example corn or wheat) to make flour. Mill (grinding), Milling is among the oldest of human occupations. "Miller", "Milne", and other variants are common surname ...
gave the wife a considerable proportion of the husband's recent gains resulting from dealings in the City even though the marriage was short lived.


United States law

In ''Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994)'', the court described equitable distribution of marital property at divorce as more fair, or equitable, than the separate property system. The court may consider such factors as "substantial contribution to the accumulation of the property, the market and emotional value of the assets, tax and other economic consequences of the distribution, the parties' needs, and any other factor relevant to an equitable outcome." Fairness is the prevailing guideline the court will use. Alimony payments, child support obligations and all other property will be considered. Even non-tangible contributions such as a spouse's domestic contributions to the household will be taken into account, whether that spouse has anything titled in their name or not. A spouse who has made non-tangible contributions may claim an equitable interest in the marital property at divorce. The Uniform Marriage and Divorce Act §307 (UMDA §307) also allows for the equitable distribution of property and lists factors the court should consider, e.g. "the duration of the marriage, and prior marriage of either party, antenuptial agreement of the parties hich is the same as a prenuptial agreement or premarital agreement the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties, custodials provisions..." etc. Marital misconduct is not a factor in the decision-making process. Another form of property distribution at divorce is called "
community property Community property (United States) also called Community of Property (South Africa) is a marital property regime Matrimonial regimes, or marital property systems, are systems of property ownership between spouses providing for the creation or absen ...
distribution". Equitable distribution is not the same as equal distribution. For example, upon dissolution of a marriage in which the wife served as a stay-at-home mother for a substantial portion of the marriage, a court may award the wife a more-than-50% share of distributed property as advance compensation for her projected need to return to the work force at a lower wage than she would have been able to command had she spent her time developing outside-the-home work experience rather than laboring inside the home.


References

{{DEFAULTSORT:Division of Property Divorce law Property law