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Division of property

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Division of property, also known as equitable distribution, is a judicial division of property rights and obligations between spouses during divorce. It may be done by agreement, through a property settlement, or by judicial decree.

Distribution of property is the division of property, due to a death or the dissolution of a marriage, which was owned by the deceased, or acquired during the course of the marriage.

In England & Wales, the recent case of Miller v Miller gave the wife a considerable proportion of the husband's recent gains resulting from dealings in the City (short marriage). Pagliowska v Pagliowski refers to runaway costs.

Equitable distribution is not the same as equal distribution. For example, in a family with a stay-at-home mother, the father's share may be less than 50 percent as compensation to the mother for having to return to the work force at a lower wage scale.


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