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The Wisdom of Solomon: The Art and Science of Division |
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If you can't just take the money and run, how then should you go about the task of splitting your lifelong accumulation so that the division is fair? |
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Depending on what you have accumulated, the job can be easy. You can, for instance, go around the house and simply take turns choosing what you want. Whoever chooses first during the first round will choose second during the second round and so on. This worked quite well for a friend of ours until her husband went up to the attic and selected an antique lamp she'd quite forgotten. She swallowed her protest and went on with the process, and she's glad she did. This game of round robin may sound childish, but don't worry. If you can get it to work for you, go for it! It's better than paying your lawyers hundreds of dollars an hour to do the same thing. |
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Many people divide furnishings and other items in the home, including collectibles, by listing all relevant items and then taking turns choosing items off the list. Whether you choose from a list or from items lining the basement floor, the key to success is establishing ground rules. If sets (sterling, bedroom, dining room) are not to be broken up, for instance, then you might decide to allow each person to choose three items per turn, not one. Take the list and write each person's name after chosen items. Then, when it's time for one or both of you to move out, each one just receives the items allocated on the list. |
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By the Book: Variations in State Law |
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What do you need to know and do? First you must familiarize yourself with your state's law. |
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The laws governing the division of property vary depending on where you live. Lawyers use the state law, as well as the case law (decisions from cases decided by judges) as a guide to what would happen in your case should you end up in front of a judge. Based on that law, they have a pretty good idea of where the chips would fall if your case went to court. If your lawyer is doing the job, he or she will use that knowledge to work out a fair distribution of what you've acquired. |
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Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington are known as community property states. Although community propertythe idea that property acquired during the marriage belongs to both spouses equallyis based on the theory that marriage is a partnership, only three of the community property states, |
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