PRACTICE AREAS
SEPARATION OF MARITAL PROPERTY
 

 

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Whether you have been married thirty years or three, it is likely you will have to divide assets and/or debt during your divorce that may require complex calculations and creative thinking.  Additionally, if you owned assets prior to your marriage or contributed pre-marital money to a marital residence, separating your marital estate may be even more complex.  It is important you select an attorney that is aware of the current law with regard to not only what is considered pre-marital property, but also how creditors and the law will handle certain debt. Without such knowledge, parties could give away equity that is actually their own separate property or take responsibility for a debt that is not their responsibility. 

Other issues regarding the division of marital property often arise when one spouse owns a business that the other spouse may have helped build during the course of the parties’ marriage.  For example, a married couple may have started the business at a time when they did not own any significant assets.  The wife could have been employed for a modest salary in order to support the family while the husband started a new business venture.  The wife could have also helped the husband with business planning, sales, and administrative work in the beginning stages of the business.  After the husband’s business became profitable, the wife could have stopped working and raised the couple’s children.  If the business has significant value at the time of the couple’s divorce, the question in such a situation would be to what percentage of the business should the wife be entitled?  That is just one example of the complexity of separating marital assets. 

Most couples own a house, cars, bank accounts and retirement accounts.  While the division of property may seem simple for couples with minimal assets, complications may arise.  For example, the fact that both parties wish to remain in a marital home that has been devalued during the real estate crash, but may increase in value in the following years may cause problems with finalizing the divorce.  In short, dividing property in a divorce requires the expertise of experienced attorneys who will protect both your assets and your rights.  Whether you have many assets or too much debt, please feel free to contact the Millard Law Firm at (678) 319-9500 for a free consultation. 

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