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Definition
Bienes Ganaciales
- a term from Spanish law related to a special type of marital property ownership that excluded the estate each spouse had before marriage, but recognized a particular community interest that accumulated during the marriage.
Application in Divorce
This term combines the words "goods" and "gains or profits," and recognizes an equal distribution between husband and wife upon divorce.
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Community and Equitable Distribution Property States
A "community property" state will classify assets as ether separate or community (marital). And once classified, the court will divide upon divorce the community property 50-50 in an equal fashion. The community property states are as follows: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. On the contrary all of the other remaining states are "equitable distribution" states, which classify property as separate and marital, and upon divorce the marital portion is divided in a fair and equitable fashion, which does not necessary mean equally.
Contributed on 5/17/2007 by: DivorceDex.com Staff
Category:
Property Division
(Applicable in All States)
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