News

Search Results
Main
Entries 1-1 of 1
1
Monday, March 9, 2015

Idaho is among a handful of states known as community property states. Because of its designation as a community property state, many believe that, in the unfortunate event that they go through a divorce, all of the property they own is divided equally between them and their soon-to-be ex-spouse. While that is the case with some couples' property, it does not unequivocally apply to each and every piece of property in the marriage.

Idaho law recognizes a distinction between marital property and separate property. In a divorce action, marital property is split between the spouses while separate property goes independently to the owning spouse. Generally, any property either spouse owned before the marriage is considered separate property. Separate property also usually consists of items a spouse receives as a gift or individually inherits, even if it is during the marriage. Additionally, if a spouse acquires new property during the marriage through the proceeds of her separate property, that property likely remains her sole possession. The property that does not fall into those three separate property categories is generally considered marital property; however, property can change designations during the marriage.

Despite the law identifying which property is marital property and which property is separate property, many divorcing couples continue to disagree as to what category some property falls into. It is important to have an attorney that can help a divorcing spouse navigate the sometimes-complicated community property laws. A diligent lawyer can help a spouse ensure that the division of property is fair, reasonable, and in accordance with the law. At Jones and Swartz, PLLC, we passionately advocate for our clients’ interests and our attorneys are there to answer questions about Idaho law every step of the way.

Posted by eswartz at 3/10/2015 4:55:00 AM
Entries 1-1 of 1
1
Feb 20

New Tax Law and Divorce and Alimony

The new federal tax code that may have significant impacts on divorcing spouses in Idaho beginning in 2019.  Under the old tax code, a spouse paying spousal support to the other spouse either while the divorce was pending or after the divo…

Read More
Nov 17

Unwanted Grabbing Appears to be Wanted - Goodbye Sexual Harassment?

It used to be that unwanted touching was, well, unwanted.  But, apparently, that is not what we want any more.  Maybe we never wanted unwanted touching to be unwanted?    Here we are ? 2017 ? with more laws on the books to prohibit, det…

Read More
Jun 29

Beyond Marriage: Legal Issues Same Sex Couples Face

While the Supreme Court?s decision legalizing same-sex marriage established the law regarding marriage rights, many are wondering what that decision means for same-sex couples in areas of the law extending beyond marriage. The United State…

Read More
Apr 13

Pedestrian-Automobile Injuries in Boise ? Follow the Rules of the Road to Keep the Right-of-W…

Boise has had a large number of pedestrian accidents reported lately.   Be careful out there.   As a driver of a car or a pedestrian, refresh yourself on the rules of the road in Idaho.  Generally speaking, Idaho first requires that driver…

Read More