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May Separate Property Be Divided? The general rule is that, if the parties can not agree, the judge will divide the "marital" property 50/50 and leave each party with his or her own "separate" property. In community property states (click here for the list), the laws tend be fairly firm in insisting that each party keeps his or her separate property. The remaining states, however, run the full range of approaches. Some states are very firm on keeping separate property separate. Other states barely acknowledge the concept of separate property and let the judges divide all the property of either party any way they think is fair. Please consult legal authorities in your state for details.
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More...
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