What should I know about Property Division in a divorce?
Who gets what and what's "equitable"?
There are factors that may change the Judge's mind about who gets what. Things we will discuss in deciding what is "fair and reasonable."
*Do you have a prenuptial [ante-nuptial or post-nuptial] agreement?
*Do you or your spouse have a 401K/403b, pension, or other retirement account? Do you each have an equal amount? Do you need a QDRO (Qualified Domestic Relations order)?
Who holds title to the property? (jointly held versus individual property)
What are the tax implications—including capital gains penalties for transfer/liquidation of real and personal property?
What events will trigger the sale or transfer of the marital residence (child graduating form college)?
Who will pay for repairs and maintenance on the marital residence (before and after transfer)?
What about the transfer of vehicles, collectables, furnature?
What about my or my spouses business interests, do they get divided too?
What about closing of joint accounts?
Who has to take responsibility for the existing marital debt?
There are factors that may change the Judge's mind about who gets what. Things we will discuss in deciding what is "fair and reasonable."
*Do you have a prenuptial [ante-nuptial or post-nuptial] agreement?
*Do you or your spouse have a 401K/403b, pension, or other retirement account? Do you each have an equal amount? Do you need a QDRO (Qualified Domestic Relations order)?
Who holds title to the property? (jointly held versus individual property)
What are the tax implications—including capital gains penalties for transfer/liquidation of real and personal property?
What events will trigger the sale or transfer of the marital residence (child graduating form college)?
Who will pay for repairs and maintenance on the marital residence (before and after transfer)?
What about the transfer of vehicles, collectables, furnature?
What about my or my spouses business interests, do they get divided too?
What about closing of joint accounts?
Who has to take responsibility for the existing marital debt?