Dividing up the property that a couple held in common during a marriage is a big part of the divorce process. There are a number of important concepts you should understand before you move forward with a settlement or a case. Here are three of the biggest concepts a property distribution lawyer will be glad to know you're familiar with.

Community, Separate, and Hybrid Property

The idea of community property is centered on the notion that the wealth a couple accumulates over the course of a marriage belongs to both of them. For example, two partners might purchase a house while they're married. Especially if both names are on the title or the mortgage, there's a good chance this will be considered community property.

Separate property covers items that were acquired by one spouse prior to marriage. For example, if one partner owned a particular car before the two got wed, that car is likely to be classified as separate property. There's a good chance they'll be able to retain personal ownership of the car after the divorce.

Hybrid property is what the law thinks of separate property items that were improved or went up in value during the marriage. For example, if one spouse had owned a house prior to the marriage, but both partners were there while it was remodeled or expanded, then the non-owner spouse may have a stake in part of the increase in value.

What Counts as Property?

Virtually anything of value is likely to be considered property. In addition to obvious things, such as homes, vehicles, furnishings and collectibles, property includes less tangible things like stocks, bank accounts, insurance policies, legal settlements and financial funds. Notably, any debts incurred during the marriage will also be apportioned like property.

Equity not Equality

Most states employ some notion of equity in divvying up marital property. Be aware, however, that this does not imply a 50-50 split. The state's goal is to see that a fair distribution of property occurs. For example, a spouse who invested little money in making improvements to a home but who put a lot of labor into remodeling it would expect some equity in return for the work they did.

Similarly, fairness applies in terms of who might benefit from getting a piece of property. If one partner is likely to be financially disadvantaged while the other isn't, the court may order more property to be given to the disadvantaged person.