Legal Definitions - title division

Definition: Title division is an old system used in common law to divide property acquired during a marriage when the marriage ends. The division is based on who holds legal title to the property. In title division, the person who holds the title to the property gets to keep it after the divorce. This is different from community property and equitable distribution.

Example 1: John and Jane got married and bought a house together. However, only John's name is on the title of the house. When they get a divorce, under title division, John gets to keep the house because he holds the legal title to it.

Example 2: Sarah and Tom got married and opened a joint bank account. They both deposited money into the account, but only Tom's name is on the account. When they get a divorce, under title division, Tom gets to keep the money in the account because he holds the legal title to it.

These examples illustrate how title division works. In both cases, the property was acquired during the marriage, but only one person held the legal title to it. Therefore, under title division, that person gets to keep the property after the divorce.