Idaho Divorce Lawyer

A question that often presents itself during an Idaho Divorce proceeding is the difference between community property and separate property.

SEPARATE PROPERTY

Separate property is basically everything a husband or wife owned separately prior to marriage. Separate property typically includes:

Separate property can also include anything that one spouse gives up to the other spouse in writing, with prenuptial or postnuptial agreements being to most common. If separate property becomes mixed with community property, you will have to trace the separate property in order to recover the separate property. Separate property is not considered in the division of property between the parties at the time of divorce and each party should be confirmed their separate property during an Idaho Divorce.

COMMUNITY PROPERTY

Community property is everything that a husband and wife own together, including any real property, money earned, retirement accounts, vehicles, households goods, etc. until the date of divorce. All property acquired during the marriage with "community" money is owned equally by both the wife and husband. All community property will need to be divided equally between the parties at the time of an Idaho Divorce.

If you are considering an Idaho Divorce or are currently in the process of an Idaho Divorce, contact Mark R Petersen, a Pocatello Idaho Divorce Lawyer.