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Division of Marital Property

On Behalf of | Apr 11, 2014 | Firm News

Division of property is one of the most tedious aspects of many divorces. If the divorcing couple has a lot of marital assets—property that has been acquired during the union—dividing it can take months and involve several battles. While property was viewed as shared during the marriage, it now is very important to determine its new owner. This process can be stressful and time-consuming.

Divorce and property division obviously go hand-in-hand. Divorce terminates a legal partnership between spouses and then divides the previously shared property. Property owned by either spouse before the marriage may remain the property of its original owner; however, almost all items acquired after the union are typically subject to division when the couple divorces.

Most divorcing couples are unable to decide how to divide up marital property, so the issue typically ends up in court. The two main ways to handle the division of property during a divorce are community property and equitable distribution.

With the community property approach, marital property is usually defined as separate or community property. During a divorce, separate property is retained by its owner and community property is evenly divided. A judge determines a distribution that is fair or equitable. The court typically calculates the value of the marital estate and grants a certain percent to each party.

A house is one of the most major assets to be divided. Various circumstances dictate which spouse is to receive it. If the divorcing couple has children, generally the spouse who is granted primary child custody Florida privileges of the children keeps the home. Otherwise, the distribution varies depending on the court. Neither spouse has a legal right to request that the other leave. If the couple cannot agree, the court will decide based on the property system and other regulations within the state.

Using a divorce attorney for marital property division is recommended because this area of the law can be highly complex. During a divorce, many people do not receive property they are entitled to simply because they are unaware or lack legal representation. Divorce lawyers fight for the share of marital property to which each client is entitled during a divorce.

Divorce attorney Miami expert Theodore Enfield is skilled in cases dealing with marital property distribution. For over thirty years he has been helping families resolve difficult family law issues.