There are two types of property in a divorce: separate property and marital property. Separate property is acquired by a spouse prior to the marriage or is given as a gift or inheritance. Marital property is acquired by either spouse (whether individually or jointly)...
Marital Property
MY SPOUSE PURCHASED OUR HOME BEFORE THE MARRIAGE AND IT’S IN HIS/HER NAME ONLY. DOES THAT MEAN HE/SHE WILL GET THE HOME?
When spouses are unable to agree on the division of property in a divorce, questions arise as to who will get the home after divorce. When the married couple resides in a home that one spouse purchased prior to the marriage and the home is in that spouse's name only,...
WHAT HAPPENS TO OUR HOUSE AFTER DIVORCE?
Clients often wonder what will happen to their marital home and other real estate after divorce. Spouses can always reach an agreement on the division of property, and in most cases courts will accept the agreement. However, if the parties are unable to reach an...
WHAT HAPPENS TO THE FUNDS IN A JOINT BANK ACCOUNT WHEN YOU FILE FOR DIVORCE?
Many potential clients contact our office with concerns regarding how they will survive or protect themselves financially upon the filing of a divorce action. One major concern for these potential clients is what will happen to the funds in a joint bank account shared...
WHAT IF YOUR SPOUSE PUTS YOU OUT OF YOUR HOME OR CHANGES THE LOCKS AFTER FILING FOR DIVORCE?
There are some spouses who mistakenly believe they have the right to deny the other spouse access to the marital home upon filing for divorce. As discussed in a previous blog post, the marital residence may be considered marital property, which means both spouses are...
What Is Marital Property?
In a relationship couples learn to start thinking of themselves as a unit. This ultimately means they also acquire assets as a unit. Unfortunately, when the relationship is over it is the challenge of the divorce attorney to determine which assets go to a particular...
