Property Rights During Divorce


The term ‘separate property’ refers to items, possessions, or property that one or both spouses might own, but was acquired outside the marriage or was acquired during the marriage but falls into an exception. Separate property is different from community property. For example, possessions or real estate that was owned by either party prior to the beginning of the marriage is considered separate property. Inheritance, gifts, or purchases that were bought using the separate property of either spouse also is defined as separate property. Generally, separate property belongs to the spouse whose separate property it is, alone. Make sure your separate property stays with you, visit everett divorce lawyer.

However, the process of determining what is community versus what is separate property is often not straightforward. All property is before the court for equitable distribution in a divorce, both community and separate. The court has the power to award one spouse’s separate property to the other spouse during the process of attempting to settle on a fair and equitable division of assets.

Additionally, during the course of a marriage, couples often use separate property for community purchases and purposes, such as down payments on homes, vehicles, educations, home improvements, or investments. It is not always easy to determine what is separate and what is community when this is the case.

This is yet another vital reason why a divorce lawyer is valuable. Complex divorce cases in which the marriage has lasted many years and a lot of property has been accumulated will find the expertise of a divorce attorney particularly helpful. They will protect your interests throughout the process and ideally work toward helping you reach an agreed settlement. If agreement is simply not possible, your divorce attorney will represent your interests at your divorce trial.

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