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United States of America

Uniform Marriage & Divorce Act. Section 307. Part III Dissolution. Section 307 Disposition of Property.

Statute Details
Printable Version
Citation: ULA Marr & Divorce s 307

Citation: 9A ULA 238-39 (1987)


Last Checked by Web Center Staff: 08/09

Summary:   Uniform act created to address division of marital property upon divorce in equitable distribution jurisdiction.  Two alternatives are given, directing equitable apportionment in one and division in just proportions in the other.


Statute in Full:

 Unif.Marriage & Divorce Act s 307

UNIFORM LAWS ANNOTATED

UNIFORM MARRIAGE AND DIVORCE ACT   1970    AMENDED 1971 AND 1973

PART III. DISSOLUTION

s 307. [Disposition of Property] [ALTERNATIVE A].


 (a) In a proceeding for dissolution of a marriage, legal separation, or
disposition of property following a decree of dissolution of marriage or legal
separation by a court which lacked personal jurisdiction over the absent spouse or
lacked jurisdiction to dispose of the property, the court, without regard to
marital misconduct, shall, and in a proceeding for legal separation may, finally
equitably apportion between the parties the property and assets belonging to
either or both however and whenever acquired, and whether the title thereto is in
the name of the husband or wife or both.  In making apportionment the court shall
consider the duration of the marriage, and prior marriage of either party,
antenuptial agreement of the parties, the age, health, station, occupation, amount
and sources of income, vocational skills, employability, estate, liabilities, and
needs of each of the parties, custodial provisions, whether the apportionment is
in lieu of or in addition to maintenance, and the opportunity of each for future
acquisition of capital assets and income.  The court shall also consider the
contribution or dissipation of each party in the acquisition, preservation,
depreciation, or appreciation in value of the respective estates, and the
contribution of a spouse as a homemaker or to the family unit.


(b) In a proceeding, the court may protect and promote the best interests of the
children by setting aside a portion of the jointly and separately held estates of
the parties in a separate fund or trust for the support, maintenance, education,
and general welfare of any minor, dependent, or incompetent children of the
parties.

Current through 2008 Annual Meeting of the National Conference of Commissioners on Uniform State Laws

 

 Unif.Marriage & Divorce Act s 307

UNIFORM LAWS ANNOTATED

UNIFORM MARRIAGE AND DIVORCE ACT   1970    AMENDED 1971 AND 1973

PART III. DISSOLUTION

 s 307. [Disposition of Property] [ALTERNATIVE B].


In a proceeding for dissolution of the marriage, legal separation, or disposition
of property following a decree of dissolution of the marriage or legal separation
by a court which lacked personal jurisdiction over the absent spouse or lacked
jurisdiction to dispose of the property, the court shall assign each spouse's
separate property to that spouse.  It also shall divide community property,
without regard to marital misconduct, in just proportions after considering all
relevant factors including:


 (1) contribution of each spouse to acquisition of the marital property,
 including contribution of a spouse as homemaker;


 (2) value of the property set apart to each spouse;


 (3) duration of the marriage;  and


 (4) economic circumstances of each spouse when the division of property is to
 become effective, including the desirability of awarding the family home or the
 right to live therein for a reasonable period to the spouse having custody of
 any children.

Current through 2008 Annual Meeting of the National Conference of Commissioners on Uniform State Laws



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