How does the court usually divide property in a divorce case?
In some states, there is a presumption in divorce cases that all assets are divided equally. In others, no such presumption exists. In most cases property accumulated during the marriage is also divided equally, but there are some exceptions to this rule. If the property was inherited or was a gift to a particular party, then the piece usually will not be split as long as the property is not mixed with marital assets. Or, if one of the individuals owned a piece of property before the marriage, then the court would not have the discretion to divide the property.
