Property Division in Maitland
dissolution of marriage case one of the most important issues is the distribution of the property of
the husband and wife. The state of Florida distributes marital property
and liabilities in a fair and equitable manner pursuant to the facts of
each individual case. What happens in one particular case may not happen
To discuss the specific facts of your divorce,
contact our Maitland divorce lawyer at The Troum Law Firm, P.A.
Determining Marital & Nonmarital Assets
The first issue that a judge will determine is whether the assets and liabilities
are marital or nonmarital in nature. If they are marital, the court will
distribute the property or debt in the proceeding. If it is nonmarital,
under most circumstances the party who brought the asset or liability
into the marriage will continue to receive the property and/or liability.
The issue of marital vs. nonmarital assets or liabilities can become quite
complicated. It may require a tracing of the history of the property and
how the property was acquired. There are also ways in which property which
was brought into the marriage by one party can be transferred into marital
property and, therefore, subject to distribution in the dissolution of
marriage action. This procedure is used for all types of property including
land, stocks, bonds, cash, homes, credit card debts, mortgages, pensions,
retirement plans, loans, furniture, as well as others.
Factors for Distributing the Property
Judges look to many factors when distributing the property of the parties.
These include the following:
- The contributions to the marriage by each spouse
- The contributions to the care and education of the children
- The economic circumstances of the parties
- The duration of the marriage contributions of one spouse to the personal
career or educational opportunity of the other spouse
- The desirability of retaining any asset
- The desirability of retaining the marital home as a residence for any dependent
child of the marriage
- Any other factors necessary to do justice between the parties
Contact The Troum Law Firm, P.A. for Individual Legal Attention
Each divorce is individual in nature. Property issues can be complicated
and in some cases the results of the litigation can be quite surprising.
Our Maitland property division lawyer can discuss whether the property
you and your spouse intend to divide is in fact a part of your marital
estate and whether the proposed division is fair based on your specific
Call our firm at (321) 428-2247 to make an appointment for a