The court determines who receives what based upon a variety of factors, such as the relative earning contributions of the spouses. In community property states, on the other hand, all income and assets earned or acquired during the marriage are considered to be equally owned. This applies to all debts, nomatter who created the liability. In a divorce action, these will be divided equally.
In addition, there are mutual court orders that automatically protect marital properties. An automatic temporary restraining order prohibits spouses from selling, transferring, or borrowing against property when a divorce is filed. Again, any orders should be discussed with your attorney, as this protection varies fromstate to state. The family home is typically a couple’s most valuable joint asset and must often be sold in order to equally distribute its value between the two spouses. Therefore, it is vital for you to understand the relationship and difference between a mortgage deed and a property title. Mortgages are conditional legal agreements made for the purpose of buying a property/home. The lender’s security interest is on record when the title is registered. The mortgagee (lender) may obtain a foreclosure order to take possession if payments of the debt are in default.
AT-A-GLANCE DEFINITIONS
MORTGAGE DEED: A legal document that gives a mortgage lender a lien or security interest in a piece of mortgaged property. For example, if you take out a mortgage loan to purchase your house, you will sign a mortgage deed giving the lender a lien on your home. PROPERTY TITLE: A bundle of rights in a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundlemay be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership.
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