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How is Property and Debt Divided in Divorce?

The court will divide property and debt in an equitable manner. Equitable means that the court will look at the property and divide it in roughly equal division. The court really won't inquire into which party earned the property or the income and the court is typically not going to inquire which party incurred the debt. There are very limited circumstance where the court may say that one party has to take a certain debt or that one party gets to keep a certain property. But in most cases, the court's going to look at the situation and divide the property and debt in a relatively equal manner. And sometimes the court will look at it and they'll take the debt and they will sell off some of the property, pay off the debt, and then divide the remaining property between the parties.



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