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one of the most important matters that is addressed after a divorce is property division spouses can establish their own rules for property division through a written settlement agreement or through an enforceable prenuptial agreement if there is no written settlement agreement or prenuptial agreement that a court will divide the marital property property division rules differ on a state to state basis depending on what statutory guidelines the state adopts in this presentation we will first discuss the basic principles and mechanisms of property division next well look at what property is subject to division upon divorce by defining marital property and a separate property in community property States and other places finally we will briefly discuss prenuptial agreements and their effects on property division first lets look at a background of property division there are two ways of viewing marital property some states are community property States these include Alaska Arizona Calif