Divorce and Real Estate Disputes: Legal Assistance
By Saunders Law Group on August 23, 2018
Divorces can be complicated and fraught experiences. Whenever splitting couples work out child custody and visitation or the fair division of property, emotions are bound to muddy the divorce proceedings. That’s why it’s crucial to have an experienced divorce attorney on your side. The lawyers at our Bartow, FL law firm can help.
The legal team at the Saunders Law Group would like to focus on real estate disputes in marriages and what kinds of issues may arise. This will give you an idea of what to expect during a divorce and how attorneys can make the process easier.
Communal and Separate Property
Perhaps the largest consideration when it comes to assets in a marriage involves classification as communal property or separate property. Communal property is property that is acquired during a the marriage. Separate property is property that an individual spouse has prior to the marriage or acquires after the divorce has been filed.
During a divorce, communal property such as a home or apartment is divided between the spouses.
Date of Purchase for Real Estate
The date of purchase is one of the key factors in differentiating between communal or separate property in a divorce. If a home or apartment was purchased before marriage and belonged to one spouse, it is usually considered separate property. If the real estate was purchased or acquired after the marriage date, then it is communal property.
There are exceptions to this, of course. Sometimes separate property becomes communal property during a marriage depending on how the property is used (e.g., is there rental income from the property) and so on. This is one of the many areas from which divorce disputes can arise.
Factoring Other Marital Assets and Debts
When divide property between former spouses, a spouse may want to have the disputed real estate, and will allow the other spouse to retain other assets to make the division of property equitable. A spouse may also take on more of the couple’s marital debt as a way of owning the disputed property.
It’s possible for a number of additional disputes over real estate to arise as other assets and debts are considered during the divorce process.
Transferring Real Estate to Your Spouse
Once an agreement has been reached, it’s important to transfer the real estate to a spouse. In amicable divorces, a quitclaim deed may be all that is required. However, not all divorces are amicable, and additional filings may be required to address various existing and future financial obligations to the disputed real estate.
Selling the Real Estate as Part of the Divorce
Some former spouses may wish to sell their home during the divorce, dividing the amount between each other. This can go smoothly in amicable divorces, yet in fraught divorce proceedings, the amounts received by each spouse can be a source of great conflict.
How Lawyers Can Help with This Process
Given the emotions involved in a divorce, having a lawyer representing your side may be essential. Lawyers can mediate issues to avoid court battles, and do so in a manner that is rooted in the law rather than emotions. Keeping matters professional and as objective as possible can be crucial for a fair and relatively problem-free divorce.
If disputes arise that are worth contesting, a skilled divorce attorney will fight for you using the letter of the law. This peace of mind can be invaluable in a divorce proceeding.
Contact Saunders Law Group
To learn more about legal assistance during a divorce, we encourage you to contact a skilled family law attorney. The legal team at Saunders Law Group is here to answer your questions and offer insight using their years of combined experience. You can also contact the law firm by calling (863) 533-6200.
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