what is the law when a couple are separted 1 year reguarding personal property?

Answer 1

Your question is to vague. Were you married or just dating? Does the state you live in have common law marriages? If you are common law married you still have to go through a divorce settlement.

Answer 2

It depends on the state, and whether it is a community property state or not. It also depends on whether you are talking about a legal or informal separation.

Once those general facts are determined, for each piece of property it depends on the nature of the property, whether it was purchased individually or using joint funds or inherited, whether it was acquired before or during the marriage or after separation, etc.

Those are just a few of the factors that go into making the determination, which is why you should get competent legal advice from a licensed attorney if the issue is important to you.

Of course, if the couple can come to a settlement between them, and mutually divide up the property, that's always the simplest solution. Just be sure to write everything down if you do come to an agreement.

Answer 3

The question is less "What is the law?" than "What is the issue?" If you have lived apart for a year, it would appear you are each satisfied with whatever personal property you have each retained. Generally the courts will allow you to divide your properrty in whatever manner you agree on. If there is a dispute then the court will look to the record title, if any (such as with an automobile); whether an item was a gift (you don't get gifts back); whether it naturally belongs to one or the other (eg., a man's watch, vs. a woman's); & finally, who paid for it.

Answer 4

It depends which state you are in. Is it a community property state??