Distributing Marital and Personal Property Between Spouses
Divorce requires fair distribution of marital property and allocation of personal property to it's rightful owners. Fortunately, Florida law provides rules requiring equitable division of marital property. The rules also require personal property to be given to its rightful owner.
Attorney Kaleita has the resources to guide parties in determining the difference between marital property and personal property. He gives advice on how to reach property settlements, and how to get those approved by the court when necessary. It is better to reach your own property settlement than to leave it to the courts to decide. But, if going to court is necessary, Mr. Kaleita is prepared for trial.
Contact our office online or call 561-688-9210 to schedule a free consultation to discuss your unique division issues today.
Obtaining the Assets You Are Entitled to
Florida follows a new statute adopted in 2008, in marital property distribution. It has abandoned the old "special equity rule" in favor of statutory criteria. The parties may agree on a property settlement and submit it to the court for approval, and this can avoid a trial and the expense associated with it. When there is disagreement, the court must decide on an equitable distribution of marital property. Sometimes court decisions do not resemble what the parties expect. Fortunately, Florida statutes now provide guidance in most situations, including:
- Award of marital home to parent with child custody.
- Award of personal property, not enhanced by the spouse, to whomever brought it into the marriage.
- Award of personal property acquired during the marriage to the spouse who individually paid for it.
This statute resolves most property disputes during the divorce process, enabling resolution in accordance with the law. Clients may agree to follow the Florida statutes to ensure that they receive the assets they are entitled to, or to make their own settlement. We help our clients to understand the applicable statutes, and to make the best property settlement decisions.
Contact our office to discuss your unique property division needs today.