How to Divide Property After an Annulment

An annulment is a decree by a court that a marriage is invalid. Once an annulment is granted, the property accrued by the couple must be divided under the direction of the court. Learn how to fairly divide property after an annulment is finalized.

Instructions

Difficulty: Challenging

1. Realize that annulment laws vary by state. Each state has laws that govern how to divide property after an annulment.
2. Learn about the methods used by the court system to divide property after an annulment. Used in many states, the equitable distribution method divides property in a fair way based on certain criteria. The conduct of the parties and who are at marital or economic fault are considered when the court divides property after an annulment is granted. When the courts consider all property "community" property, all property gained throughout the marriage is divided in half between the parties who seek the annulment. Property from an inheritance and separate property are not considered community property.
3. Consider your assets. Joint assets (property accrued during the marriage) and separate assets (individual holdings that didn't enter into the marriage) are considered after an annulment. Generally, separate property is given in its entirety to the owner. If one party made greater contributions to the property holdings during the marriage, that person usually receives more of the property after the annulment.

Tips & Warnings

• Military pay received during retirement is considered community property and is subject to division after an annulment is granted.
• Insurance is considered as property under the law. Seek the advice of a trusted attorney to guide you through the division of insurance coverage.