How is property divided and what property is subject to division?
In terms of property division, Connecticut is an “equitable distribution” state. “Equitable” means fair and reasonable. Lawyers and clients often differ as to what is “fair” in terms of a property division. No property, whether jointly or individually owned is completely exempt from a property division incident to a divorce, nor does a spouse have a defined right to all or a percentage of the property, either owned jointly or individually. A property division is determined by applying a number of statutory factors, such as, who is at fault for the breakup, the length of the marriage, when and how the property was acquired, just to name a few. If the case cannot be settled, the division of property is left to the sound discretion of the trial judge after a trial. Property division incidental to a divorce can never be modified or changed in the future, except where there has been concealment or fraud in disclosure during the divorce process.
