In South African law, every civil marriage is governed by a particular marital property regime. Upon dissolution of the marriage, the assets of the joint estate will in principle be divided equally between the parties.

Do all assets get split in a divorce?

When you get divorced, community property is generally divided equally between the spouses, while each spouse gets to keep his or her separate property. Equitable distribution: In all other states, assets and earnings accumulated during marriages are divided equitably (fairly) but not necessarily equally.

Are assets always split 50/50 in a divorce?

In every divorce, couples must divide marital property and debt before the judge will grant the request for a divorce. In equitable distribution states, the court will divide marital property fairly between the spouses, which doesnt always mean a 50/50 split.

What assets am I entitled to in a divorce?

Assets include your home, its contents, cars, investments and superannuation. Debts might include your mortgage, credit cards and car loans. Each of you may have also made direct financial contributions like your salary and wages, and indirect contributions like inheritances or gifts.

What assets Cannot be split in a divorce?

In equitable distribution states, premarital property, gifts and inheritances are usually excluded from division. The central component that makes community property states different from equitable distribution states is how the court treats marital assets.

Does length of marriage affect divorce settlement?

The length of a marriage affects the way the court assesses the contributions of each party to the relationship. A closer examination of the financial contributions of both parties is more likely in a short marriage property settlement, especially if the couple has no children.

How long do you have to be married to get half of 401k?

There is no specific threshold for the length of a marriage that results in a 401(k) being divided equally. However, you will only get a share of the 401(k) contributions made during the marriage, since contributions made before marriage are considered separate properties of the spouse.

Can my husband give me the house in a divorce?

Under Californias community property laws, each spouse has the right to an equal share of community property as well as community debts. When a divorce case goes to a judge to decide, he or she will split all community property down the middle.

Should you leave the house during a divorce?

In most situations, it is safest to try and stick it out in the marital home. You wont lose access to your possessions and records, you have already lived with your spouse for however long and it will be a relatively short time until you can securely leave once the divorce is finalized.