DISTRIBUTION

Question 1

Distribution Checklist

Answer 1

• Division of Property at Divorce
• Division of Property at Death - Probate and Intestacy

Question 2

Division of Property at Divorce

Answer 2

Upon divorce, the community estate is divided between the parties equally unless the court finds that the interests of justice warrant an unequal division of assets. Exceptions include: (i) deliberate misappropriation by one spouse, (ii) liabilities exceeding assets, (iii) education debts, (iv) personal injury recovery, (v) damages for domestic violence, (vi) debt incurred before marriage or after separation, except for necessities of life, or (vii) the parent with custody receives the family residence

Question 3

Division of Property at Death - Probate and Intestacy

Answer 3

Intestate Distribution Order

In intestacy, the estate will be distributed in the following order:

1. Decedent’s issue
2. if no issue, to parents
3. if none of the above, to issue of parents
4. ” to grandparents
5. ” to issue of grandparents
6. ” to issue of predeceased spouse or domestic partner
7. ” to decedent’s next of kin
8. ” to parents of predeceased spouse or domestic partner