IP & Divorces

Normally the divorcing couple decides about dividing their property and debts with or without help third party.  When there is no meaningful solution about division of property, then they submit the dispute to the court so the respective judge will decide according to state laws.  The property and debts are divided according the principles of community property or equitable distribution.  The community property is divided equally between the spouses in the states like Alaska, Arizona, California, Idaho, Washington, Nevada, New Mexico and Texas.  In case of other states, the assets and earnings accumulated during marriage are divided equally.

While divorce, the parties has also right on the share of tangible and intangible properties of other spouse. Depending upon the state laws, the tangible properties are shared either in equitable distribution or community property basis. As the phenomena of the intangible properties i.e. Intellectual Property Rights increased, the courts started to proceed on identifying the types of intellectual property concluding equitable distribution. However the division of intellectual property interests is subject to state law.