Arkansas marital property 2025

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Property Division in Arkansas Arkansas property division is governed by statute, specifically A.C.A 9-12-315. The statute essentially requires that all marital property be divided in half (unless such division is inequitable) while non-marital property be returned to the party who owned it before the marriage.
Each spouse has an interest in the home because the spouses have used marital income to pay the mortgage and maintain the property. The spouse who has a pre-existing connection to the property might be able to retain it after the divorce so long as they compensate the other spouse for a fair portion of the home equity.
Generally, if you own a house before marriage, it is your separate property. The house would need to be titled in your name alone. If you add her name to the title, then it becomes a marital asset.
Marital property is anything acquired during the marriage. Arkansas law considers the marital home to be marital property, whether acquired before or during the marriage, if the couple paid for it together, paid for improvements together, or combined their assets to benefit the marital estate.
There is no law that says the person who wants the divorce must be the person to leave. In fact, neither person is compelled to leave unless a court orders it. My advice, if you dont want to be around each other anymore, is to discuss what to do.
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Arkansas is a fault divorce state, so the plaintiff must prove there are reasons (grounds) for divorce. The most common grounds for divorce are general indignities and separation for 18 months.
Whatever the situation, this is called dissipation of assets. It is defined as when one spouse uses marital property for his or her own benefit or for a purpose unrelated to the marriage at a time where the marriage is undergoing an irreconcilable breakdown.

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