Half & Half
You could've had it all, but now you'll have to settle for half. That's the bitter truth about divorcing your once better half in Idaho. The two of you started out focused on sharing forever together, but now your sights are set on securing the home theater you payed for two years ago. And that 2022 Chevy Silverado ya'll just bought? You've got your eye on that bad boy, too.
Everything from financial investments and holdings, to the kids, the dishes, and the dogs are on the chopping block. Confused? Aggravated? Our apologies, friend. That's just how marriage nuptials are laid to rest here in the Gem State.
What's Yours is Mine & Mine is Yours
When it comes to divorce and community property, the Idaho State Legislature drives a hard bargain. As of July 1, 2022, Idaho law states, "All other property acquired after marriage by either husband or wife is community property."
According to Chapter 9, 32-906, community property in Idaho includes all property acquired as well as income generated by it after two lovebirds say "I do." Additionally, Idaho law states any property conveyed by one spouse to another is:
...presumed to be the sole and separate estate of the grantee, and only the grantor spouse need execute and acknowledge the deed or other instrument of conveyance notwithstanding the provisions of section 32-912, Idaho Code; provided, however, that the income, including the rents, issues and profits, from such property shall not be the separate property of the grantee spouse unless this fact is specifically stated in the instrument of conveyance.
When It's Cheaper to Keep Her
Sobering news such as this is typically received three different ways. Option one: duos on the brink of divorce accept the reality that it's "cheaper to keep her."
Option two: a couple takes one look at the nastiness of divorce proceedings, and they're inspired to work through their issues. Given Idaho's quite conservative, pro-marriage stance, we can't help but think our state's community property law was intended to inspire option two.
And, finally, option three: Idaho's Even-Stevens deal comes as a desperate relief to a couple in crisis. He gets the home theater system, she gets the Chevy, and all is well in divorce court.
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