property division

Property Division in Arkansas

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Property division in Arkansas follows a clear starting rule: marital property is split equally. However, the details matter, because the first question is always what counts as marital property.

How Property Division in Arkansas Works

Under A.C.A. § 9-12-315, the court divides marital property equally unless it finds an equal split would be inequitable. If the judge divides property unequally, the judge must explain why in the order.

Marital Property and Separate Property

Marital property is generally property either spouse acquired during the marriage. Separate property usually includes property one spouse owned before the marriage, gifts, and inheritances. Still, separate property can become harder to trace when it is mixed with marital funds. For example, an inheritance deposited into a joint account may cause a dispute.

Debts Count Too

Divorce also has to address debts, such as mortgages, car loans and credit cards. Keep in mind that a divorce decree does not change your contract with a lender. So if both names are on a loan, the lender may still pursue either of you.

Settling Instead of Litigating

Many couples agree on how to divide their property and put it in a written property settlement agreement. The judge then reviews it. An agreement gives you more control, but it must be written carefully because you will live with it.

Common Problem Areas

  • Retirement accounts, which may need a special court order to divide
  • A family business
  • The marital home, especially if one spouse wants to keep it
  • Property bought with a mix of separate and marital money

For more, see my pages on divorce and spousal support.

Talk With a Jonesboro Lawyer

You can call the office at 870.525.2191. Our phones are answered 24 hours a day, and Sara Beth or I will call you back. You can also request a consultation online. Consultations are free and usually last about 30 minutes, and I’ll explain how fees work for your kind of case before you decide anything.

This post is general information about Arkansas law, not legal advice for your situation.