Divorce & Annulment Article


Family Law on the Navajo Nation: How is Property Divided in a Divorce?

Divorce on the Navajo Nation:  How is Property and Debt Divided in a Divorce

 

What is community property?

Community Property is property that was acquired by either spouse during the marriage.  It doesn’t matter whose name the property is in; if it was acquired after the marriage began, it’s community property.  But it does not include property a spouse acquired through inheritance or gift, so long as the inheritance or gift has been kept separate (as in a separate bank account).  Examples of community property are bank accounts, retirement benefits, ceremonial items, grazing permits, livestock houses, vehicles, etc.

 

What is separate property?

Separate property is property that a spouse owned or claimed before the marriage began.  It can also be property that a spouse acquires through inheritance or gift during the marriage which is kept separate.  In addition, all property accumulated or earned by the wife and the minor children in her custody while she lives separately from her husband is considered her separate property.

 

What about debt?

Debts that were incurred during the marriage are considered “community debts.”  These could be such things as credit card debts, loans, bills, etc.  It is important to remember that these debts are part of the property division in a divorce.  It doesn’t matter whose name the debts are in; if they were incurred after the marriage began, they are a community debt.

 

How does the court divide up the debts and property in the divorce?

The court first looks to see whether the property/debts are community property/debts or separate property/debts.  Then, a court will decide how to divide up the community property and debts.  The Navajo Nation Code requires a court to provide a “fair and just settlement of property rights between the parties.”  This “fair and just” standard may, but does not necessarily mean, that property is divided equally.  The court must look at all of the facts in a case and consider a number of factors:

 

-          Reasonable current market value of each major piece of community property/debt

-          Length of the marriage

-          Economic circumstances of each spouse (age, health, work/social position, amount/sources of income, vocational skills or need for re-training, employability, opportunities to acquire assets and income in the future)

-          Each spouse’s separate property and its value

-          Needs of the parties

-          Liabilities (debts) of the parties

-          Contribution of a spouse as a homemaker or the contribution of each spouse to the family

-          Who will have custody of the children, and the needs of the children

-          Efforts of each spouse in contributing to the family unit and in obtaining or wasting community property

-          Considerations of traditional and customary Navajo law

-          All other relevant facts.

 

What proof do we need to have to divide up property/debts in a divorce?

The key is that the court must know the value of the property and debts in order to make a fair and just settlement.  It is best if you have receipts and proof of the value of the property, and copies of statements about the debts.  You need to be able to present the information to the court in an organized way.  When you meet with an attorney or Tribal Court Advocate to discuss how to get a divorce, bring with you important documents relating to property and debts.  Getting a copy of your credit report is smart, because it will list all of the debts with current amounts owed.

 

What if we can agree on how to divide up the property/debts?

If you and your spouse agree on how to divide the property and debts in a fair way, you can submit a “stipulation” to the court—a written agreement signed by both of you.


Comments:

QUESTIONS

  • if i was married in nevada can I get a divorce in az?
  • if both parents agree on everything and go through a civil divorce how long will i get the actual divorce papers? For example my wife and I are getting a divorce we actually agreed to me oaying a certain amount of child support which comes to about 400 to 500 for both of my kids a month. She is to keep the house and all the items there in. we have signed all the papers that we need to sign for now and tomorrow we will go and sign the rest of the paper work before the clerk. How long before I get the actual document that says we are legally divorced?
  • What if I married into milatry sep 2016 he deployed sept 2016 and came back oct 2017 and i want an annulment is that possible
  • I married a 16-Year Old female (I was 23) last year legally with proper parental consent. I was curious to know what my guardianship/consent rights are when it comes to my spouse being served legal paperwork or court orders by anyone, including myself. She was not emmancipated before our marriage, and I've had to legally be there to sign on her behalf for reasons such as school signup and notarizing items, so I know that I have some consent.
  • My wife kicked me out by threatening to call the cops on me and tell them im violent. I left because she was the one slapping me. How do I get my items? Do I still have to pay rent due on 5th? Kicked out on the 1st.
  • If I owned my house before getting married, can I sell it before we're divorced without having to split the money I make from selling it?
  • Would like to know the status of a case
  • I got married in the state of Philadelphia, PA in 2004 and I have been separated since the year of 2012. I moved to the state of AZ in May of 2014 and I want to know if I can get a divorce here in the state of AZ.
  • My ex-wife has stopped paying on the car and credit cards agreed upon in the divorce decree. My name is still on those items and I am afraid it is going to effect my credit. What can I do?
  • WHAT CAN I DO TO STOP BILL COLLECTORS THAT MY EXHUSBAND OWES FROM BOTHERING ME AND TELLING ME I AM RESPONSIBLE FOR HIS PAST MEDICAL BILS?

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
  • Age discrimination in the workplace. . .

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