Divorces mean that courts have to make a correct division of what is labeled as “marital property”. This is not connected to marital misconduct. Courts have to basically split marital properties in an equal way and it is true that most of the courts are going to do this. We cannot consider adultery, domestic abuse or other marital misconducts when dividing properties. A good Salt Lake divorce attorney will be necessary in order to guarantee a proper property division. This includes the following.
Properties – Marital Or Not?
Marital property is basically personal property and real property. The personal property is including benefits associated with pension plans. No matter what the title is, properties that are acquired by both spouses during the time of the marriage is seen as marital property.
It is possible for the parties to keep non-marital properties. This includes all personal and real properties that were acquired before the marriage started. Things can be excluded through prenuptial contracts or when gained as gifts, inheritance, devise or bequest. Non-marital properties are not going to be included in the division process. When you owned property before the marriage, the court will simply let you keep that as it is completely yours.
When you gain property during the marriage, we talk about marital properties. Spouses can claim items that are non-marital in so many cases. However, in this case it is really important to prove that the property is not actually non-marital. Intent is analyzed here. For instance, if inheritance will be deposited in a joint checking account, intent appears and the inheritance becomes marital property.
Property Considerations In Other Divisions
Many things should be noted as extras. For starters, when dividing properties it is possible that courts decide to sell some of the property when assets should be preserved. For instance, if both parties cannot afford paying the home value of the other individual, courts decide that home has to be sold.
Secondly, courts will analyze to see if one of the spouses tried to get rid of marital property after the divorce procedure started. When you intend to file for a divorce you may be tempted to open individual bank accounts and use marital funds. Marital property may be removed before the divorce is filed. In this case we see actions that are going to be considered when dividing the property.
The last thing we should highlight is that when we have non-marital property that increases in value we can be faced with that increase to be marital property if the appreciation appeared because of marital efforts or the use of marital funds. As an example, let us say that just one of the spouses owns a home. If the home is remodeled with joint funds, the value increase is considered to be marital property. Joint actions are going to take this into account at all times.
As you can see, property division can be quite difficult to deal with. Courts will do all that is possible but you can be sure the other party will try to find proof something is not correct. Just get a divorce attorney to help you out.