It’s rare to come across an easy divorce. In the same manner that marriage is a union of both people and assets, divorce is a separation of both, as well as liabilities.

If there’s one line that can sufficiently describe a divorce, it’s that “what’s fair isn't always equal”. One of the most common misconceptions with a divorce is that the distribution of properties is equal. This can’t be further from the truth, as we will explain below.

What Is Equitable Distribution?

Equitable distribution is a legal theory that guides the court how properties that are acquired during the course of a marriage are distributed between couples who are going through a divorce. This means that the division of property also accounts for factors such as the duration of the marriage, the needs of each spouse, and the financial contribution of each spouse during the marriage.

This legal theory is founded upon the presumption that there are factors that make the ownership of a property inherently unequal. Some of these factors include educational attainment, employability, income-to-expense ratios, and health. This theory also considers the reason behind the divorce, be it abuse or unfaithfulness.

How Are Real Properties Distributed Equitably?

The first order of business in assessing how properties will be distributed is to account for all these properties. It’s not uncommon that some spouses try to conceal some of their assets. This is especially true in a hostile divorce. It’s for this reason that skilled private investigators like the ones from the Diligence International Group are highly sought after for their ability to find hidden assets.

Identifying Premarital and Marital Assets

After accounting for all properties, each of these is going to be assessed according to whether the property was purchased before or during the marriage. A premarital asset belongs exclusively to the spouse who purchased it. However, if the property was the where the couple lived during their marriage, or if it served as a source of income, it will be deemed a marital asset, which is subject to an equitable distribution between the spouses.

Distribution When Neither Spouse Wants the Property

On the rare occasion that couples are amicable and simply want to get things over with as soon as they can, the best course of action is to sell the house and distribute the proceeds equitably. The distribution of the proceeds will depend on the contribution of each spouse in terms of paying for the property. This percentage will then determine how the proceeds of the sale are going to be distributed.

Distribution When Both Spouses Want the Property

When both spouses want to retain ownership of the property, this can lead to complications. If one of the spouses is willing to give up the property, the spouse that retains the property can buy out the interest out of the departing spouse. In return, the departing spouse shall be removed from all deeds and titles pertaining to the house.

If neither spouse is willing to give way, a judge decides the matter. More often than not, the spouse to whom ownership of the property is granted will have to concede other assets that they would have wanted to retain.