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– Division of Property –

During a divorce the Eric Boles Law Firm helps you with the division of property – probably the most complicated part of ending your marriage

Eric-Boles-Law-Firm-Division-of-PropertyIt’s ideal for divorcing couples to decide how to split up property and debts on their own or with the assistance of a Family Lawyer. If disagreements persist and the divorcing couple aren’t able to amicably decide how to deal with divorce property division issues the matter could end up in court.

Equitable Distribution

Florida law provides for an “equitable distribution” of marital property (property or assets acquired during the marriage). This means that marital property should be divided fairly – not necessarily equally. The division is based upon all facts of the case and both spouses’ contributions to the marriage.

The division of property is considered in conjunction with awards of alimony and interests in property. If you and your spouse can enter into a reasonable settlement agreement about the division of property, that agreement will be approved by the court. If you can’t agree, it will be up to the court to determine how assets and debts will be divided.

Marital Property

Marital property is everything that the spouses have acquired together during their marriage. In most cases that includes:

  • Money that each spouse has which either spouse has earned during the marriage.
  • Anything either spouse purchased with money earned during the marriage.

In Florida, the courts have the power to equitably divide marital property at the time a marriage is dissolved. This means the division of marital property is made without regard for whose name is on the title.
 

Non-Marital Property

Under Florida law, non-marital property is:

  • Anything a spouse owned before the marriage.
  • Anything a spouse earned or received after the parties’ separation or after a petition for dissolution of marriage is filed.
  • Anything that a spouse received at any time as an individual gift or by inheritance.

A party claiming an asset or liability is non-marital has the burden to prove that it is non-marital.

Contact a Florida Family Lawyer experienced in the Division of Property

The division of property in divorce can be one of the most complicated parts of ending a marriage. Ownership suddenly becomes a big issue. Is the property marital or non-marital? An experienced Family Lawyer at the Eric Boles Law Firm in Tampa, Florida can help. For a free consultation contact the Eric Boles Law Firm by completing the contact form (click here) or do not hesitate to call (813) 933-7700. We work closely with you and address your concerns, advise you about your rights, and provide practical litigation to achieve the most favorable outcome possible.