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Divorce Is Easier With a Good Attorney

Divorce is hard. There's no way to make this emotionally challenging time a walk in the park, but there is one way to make it simpler: hire a good attorney. A divorce attorney can act as your go-between during the proceedings, which minimizes the contact you need to have with your ex-spouse. Overall, this can lead to fewer arguments and a settlement that is more fair for all parties involved. If you're on the brink of divorce, we think reading a little more about divorce attorneys on this blog will be helpful. That way, you are prepared for what is to come.

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Divorce Is Easier With a Good Attorney

Who Gets the Assets? Understanding Marital Property During a Divorce

by Gina George

When the marriage is over, almost everything the couple owns is considered marital property. Along with child custody, alimony, and marital debt, marital assets are a major issue with divorce. To find out who gets what in a divorce, read on.

Understanding Marital Assets

When it comes to divorce, everything the couple owns is divided into either marital assets or separate property. Here are some very common forms of assets, both marital and separate:

  • Home, vacation properties, and rental properties.
  • Vehicles, motorcycles, boats, recreation vehicles.
  • Accounts in which funds are held such as banks and brokerage agencies.
  • Artwork, collectibles, jewelry, and precious metals
  • Pets and livestock.

Understanding Separate and Marital Property

When property falls into a separate bucket, it belongs only to one person and is not part of the divorce at all. Separate property are things owned before the marriage, items inherited, and gifts. Gifts given to each other, however, are not considered separate property. Everything else is marital property. Just because it is considered marital property doesn't mean it has to be equally divided, however. The totality of the divorce settlement agreement is taken into account and things can also depend on whether the divorcing couple lives in a community property or equitable distribution state.

When Lines Are Crossed

The division between separate and marital property can easily be blurred. Particularly when a couple has been together for a long time, the property can get mixed up and intertwined so much that it takes an accounting whiz to figure things out. In financial terms, the below property situations might be known as commingling. Take these examples:

  • A cat is given as a gift to one party but both parties end up becoming attached to it. Both parties take the cat to the veterinarian, buy food for it, groom it, and love it.
  • One party won money through the state lottery and they then bought a vacation property to rent out to others. The income from that rental property is placed in a joint savings account.
  • One party inherited cash from a relative through a trust. The couple decided to use the funds to begin an emergency savings account. Since then, money has been withdrawn and added to the account for years.

The best way to handle this issue is to make an inventory of the property along with the circumstances it was acquired. Your divorce lawyer can then help you divide the separate property from the marital property. When disputes occur, your lawyer can help show why you should be entitled to the property. Talk to family law services today to learn more.

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