Find Property Division Lawyer

Find Property Division Lawyer

Property Division

If a divorcing couple can agree on how to divide assets, then the assets can be split in any way that they so choose. The splitting spouses may facilitate this process by hiring a mediator or an arbitrator and still be in control of how the property is divided. However, as soon as the spouses are at an impasse and request intervention by the court, they will be subject to the laws of the state regarding how to divide their assets. State asset division laws fall into two categories: communal property laws and equitable division laws.

Community Property Law

Community property law holds that all assets in the marriage are communal. Under this system, the judge will evaluate the assets of all communal property and then divide assets evenly between both spouses. All non-community property will still be given to the respective spouse.

Equitable Property Division Law

Equitable property division laws are not as invested in dividing property evenly in half. Instead, the judge will assess what amount of property is equitable and divide assets accordingly. Under an equitable property division law, one spouse may be assigned two-thirds of the assets if they are significantly more prosperous than the other spouse.

Fighting to Protect Your Interests

Contested divorces can quickly become battles of attrition, with both sides filing endless motions, appeals, and renegotiations in order to wear down the other side. In order to ensure that your interests are protected, and you receive the assets that are most important to you, you will need the help of an experienced family law attorney. An experienced family law attorney will be able to use their experience, legal skills, and shrewd negotiating abilities to decisively argue your case before judges and mediators in order to expedite the divorce process and deliver the results you want.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today for a free no-obligation consultation and begin your journey to justice.


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Property Division Frequently Asked Questions

1. What is property division?

Property division, also called asset division, is a process that occurs during a divorce to assign shared marital assets to either separating spouse. Property division is one of the most frequently contested parts of the divorce proceeding, with both spouses laying claim to the same assets and taking months or even years to adjudicate who should receive it.

2. When is property considered abandoned?

Property is considered abandoned when an individual has relinquished possession and rights to an asset. Even if a spouse leaves the marital home, their property is not considered abandoned. Property is only abandoned when a clear statement of intent to abandon a piece of property is present. In all other cases, a judge will likely rule that assets are still able to be claimed and must be treated with care until they can be delivered to their rightful possessor.

3. How is property divided in divorce?

If property division goes before a court, they will follow the appropriate state laws to divide up the assets. The state laws will either fall into the category of community property laws or equitable division laws. 

Community property laws hold that all property acquired during the marriage is communal and therefore, in the event of divorce, the community property must be split evenly. To do this, the value of all community property is assessed and each spouse can receive no more than 50% of the assets by value. Equitable division laws do not aim for an exactly even distribution of assets. Instead, the judge will decide what proportion of the assets would be equitable to assign to each spouse and divides the property accordingly.

4. Can a spouse claim property after divorce?

Unless explicitly stated through a financial order from the court, the answer is usually yes. Divorce allows both former spouses to remarry but does not end the financial obligations to each other. Some circumstances may be able to protect against a former spouse returning to lay claim against assets. Those circumstances include:

  • A prenuptial or postnuptial agreement forbidding asset claims after divorce
  • A financial order severing financial obligations
  • The claiming spouse remarrying

 Unfortunately, many of these circumstances are out of the control of someone actively being divorced as they must have either already happened or depend on the actions of the former spouse.

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