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But remember, until a judge signs off on your agreement and issues a final order, your community property and debts still belong to the 2 of you and do not become separate even if you have agreed on how to Best seller them between yourselves.
When you divide your property and debt, you should come up with an agreement that divides everything fairly equally, so that you each end up with roughly the same value of your property and debt. Dividing your property does not necessarily mean a physical division.
For example, if you and your spouse or partner have 2 bank accounts, you do not have to split 1 account down the Best seller, split the money, and then do the same with the other account. Instead, you can see if the accounts have more or less the same amount of money.
If they do, 1 of you can agree to take over 1 account and the other 1 takes the other account. If, in this same example, 1 account has a lot more money than the other, 1 of you can keep the bigger account, and the other can keep the smaller account but also get something else that, together with the money in the smaller account, adds up to roughly what is in the bigger account.
You can also use debt to balance out someone getting more of the property. For example, if 1 spouse or domestic partner is taking something with a high value, like a house in which there is equity valueit may be possible to equalize or balance out the division by giving that spouse or domestic partner the credit card debt.
This means that you add up the value of all of the property assets and then subtract the total amount of debt. What is left is the net value of the community estate to be divided between the parties. Then you need to figure out which items are separate property, which items are community property, and what the fair market value of each item is.
You will have to do this to complete your divorce anyway, when you fill out a Schedule of Assets and Debts Form FL It is a requirement for divorces and legal separations.
In your Schedule of Assets and Debts Form FLeach party must declare all assets and debts, including community and separate property, to the other. The most important thing to do is to be open and honest in listing everything of value you own.
If you keep anything hidden, it tends to come to the surface sooner or later, and the penalties for hiding something of value can be very serious. Once you have each filled out your Schedule of Assets and Debts, you can compare them to see if: You disagree about whether something is community or separate; and There is a big difference in how you value the community property.
This will help you decide whether the case can be settled or whether you will have to go to trial. After comparing the schedules, you can propose a way to divide the property and the community debt.
Remember, your goal is to split up community property so that both you and your spouse or domestic partner end up with a roughly equal net share. Special concerns in dividing debt When you try to divide your debt, use caution.
Sometimes spouses or domestic partners try just taking the entire amount owed and dividing it in half — so, for example, 1 party takes half the credit cards and the other takes the other half. They may even put this in a written agreement.Discover the best books in Amazon Best Sellers.
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Normally, separating couples can work out a separation of property that they both feel is fair. But remember, until a judge signs off on your agreement and issues a final order, your community property and debts still belong to the 2 of you and do not become separate even if you have agreed on how.
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