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Property Division

As part of a divorce, you will need to go through the difficult process of dividing the property acquired before and during the marriage. Here are The Law Offices of Daniel J. Brazil, P.A., we can help you determine what is “marital” and what is “non-marital” property. This task can get complicated, but our experienced legal staff will help walk you through every step of the property division process.

“Marital” property includes any property acquired by the parties involved throughout the duration of their marriage. “Non-Marital” property involves specific types of property that was acquired by either spouse before, during, or after the actual marriage. This type of property can include the following:

  • an acquired gift, bequest, devise or inheritance made by a third party to one but not to the other spouse;
  • any property acquired before the marriage;
  • any property acquired by a spouse after the valuation date; or
  • any property excluded by a valid pre-nuptial agreement.

Marital and non-marital property can also in some cases consist of an asset or debt that was acquired during the marriage. Some examples include real estate, retirement plans, and student loans.

Handling the division of assets during a divorce can be very cumbersome and may call for a tracking of the non-marital interests throughout the entire marriage. Marital property, as well as debts incurred during the marriage, is almost always distributed equally, despite the fact that one party may have acquired more debt than the other. An unequal distribution can be considered by the court if factors such as length of marriage, prior marriages of a party, contributions of a spouse as a homemaker, or the overall employability and source of income for a party comes into play.

At The Law Offices of Daniel J. Brazil, P.A., we are here to help you with all the investigation and proceedings involved in the property division process, as well as the overall marital dissolution procedure. For a free consultation, please contact our offices at 612-874-6109. Feel free to contact us by e-mail as well.