Law Office Of Andrew LeLiever

Here is an overview of property division in divorces:

Property must first be classified as marital or separate when looking at what can be divided by the court. Marital property is everything acquired or earned during a marriage, between marriage dates and separation. Separate property is everything that each spouse brings into a marriage, which remains in the sole ownership of each respective spouse or property obtained after the date of separation.

Equitable does not mean equal in all cases. A 50/50 division of marital property is a presumption that can be rebutted, depending on your circumstances. Courts take into many factors, including the duration of the marriage, the income and property of each spouse, child custody and more.

Untangling and dividing assets like vacation homes, businesses and stock portfolios can all come with additional nuances. These assets can be tightly controlled and regulated and involve additional stakeholders. A former spouse might also be hiding assets in an effort to protect them from being shared. 

If you and your spouse are separating or obtaining a divorce, we can assist you in dividing your property. Call 919-906-2235 or visit our contact page to set up a consultation.