As a Boise Divorce Attorney one of the most frequent questions I get from people is, "How do you decide who gets what in a divorce?" On the most basic level, the division of property in a divorce is split according to community property laws. Community property is the idea that any property or debt acquired with community funds during a marriage is community property. Further, in general, it is the idea that community property should be split equally.
Very quickly so that you can understand the lingo of divorce lawyers, community property is usually contrasted with separate property and separate debt. This can be money or property that you acquired before marriage but not necessarily always so. It can also be property acquired with inheritance because inheritance is your separate money and property. Also, if you have property from before you were married and you sell that property during the marriage, the income from the sale of that property is your separate income, unless the community attributed to an increase in value of that property. If that is the case, the community is awarded the amount attributable to its contribution and then split according to community property law. Okay, clear as mud?
The next factor explaining how community property is split can be by the desires of the parties. It is possible for the two parties to decide on their own, without their attorneys or without the judge. You can make an agreement between yourselves, known as a stipulation, whereby you agree to how the property is split. If you do this, you can split it down the middle, unequally or by including separate property in the split. Another way couples come to a stipulation and agree to whatever terms they want is through mediation. If you can't come to an agreement your divorce attorneys will get involved and very possibly the judge. Your divorce lawyers can negotiate terms. If this doesn't work you will go to trial, your divorce lawyers will present the evidence as to why they think certain property and debt should be split a particular way and then the judge will decide.
The general principle behind community property is that the property is split equally, but it doesn't necessarily always happen that way. Your divorce attorney can ask for an unequal but equitable split. This usually comes into play when on party has incurred a lot of debt that only benefits them. For example, if your spouse is a ski freak and has every piece of ski equipment in triplicate, your attorney can make the argument that that property and debt has not benefited the community.
While the general principle behind community property division is fairly simple, the application can be very complicated. If you have a complex property division you will definitely want to have an experienced Boise Divorce Attorney to help you get the best division of property possible. Give us a call, (208) 472-2383 and see what we can do for you.
Dayton Municipal Attorney
ReplyDeleteJust try to remember that parents' decisions to split up are to do with issues between them, and not because of something you might have done or not done.
Divorce lawyers must have a pretty interesting job. I would imagine that most couples that go in to file for divorce are hard to deal with. They probably argue a lot and can't find a middle ground.
ReplyDeletehttp://www.lawnorthwest.com/PracticeAreas/Economic-Non-Economic-Damages.asp