Dealing with Real Estate Disputes During a Divorce

October 12, 2017 — by Robert L. Froerer
Tags: Divorce Real Estate

Dealing with Real Estate Disputes During a DivorceThe lawyers of Froerer & Miles understand the stress involved in divorce cases. We've helped many spouses throughout the greater Ogden area with their family law needs, giving them room to think, space to heal, and peace of mind. A divorce attorney can offer this kind of support as well as expert counsel regarding your rights.

One of the biggest area of contention in a divorce case involves the division of property, such as homes and other kinds of real estate. Let's explore some of the basics of these issues right now.

Types of Property in a Marriage

Generally speaking, there are two kinds of property in a marriage: marital property and separate/non-marital property.

  • Marital property is property that is acquired during the course of a marriage but prior to a divorce

  • Separate/non-marital property is property that is acquired by a spouse before a marriage

This distinction in property is helpful in many divorce cases. In essence, separate property belongs to the spouse who owned it prior to marriage, while martial property will need to be split up in a divorce in some way. Even with this rigid categorization, complications and disputes can arise when it comes to the division of property.

Dividing a Marital Home

In most divorces, property is meant to be divided equitably among the spouses. In a long term marriage, that could mean dividing real estate 50/50 in terms of use and/or value. In short-term marriages, this could mean divvying up property (including real estate) based on the financial situation of each spouse prior to marriage.

If children and child custody are part of the divorce proceeding, the spouses may have disputes over who gets to raise their children in the marital home. This can be a complicated matter, especially when it means a spouse living in the marital home while the other spouse must live elsewhere. In addition to property issues, the well-being and future of a couple's children must be taken into account.

Dividing Other Properties During a Divorce

In addition to the marital home, other real estate obtained during a marriage may come under dispute. This includes any second homes or rental properties, vacation homes, or real estate that was inherited or gifted during a marriage. In these matters, determining equitable division can bee complicated, particularly when matters of rental income and inheritance are involved. Spouses will need to discuss a fair arrangement for these matters as part of their divorce.

Personal Issues Can Complicate These Matters

Separations and divorces can be extremely difficult and emotional. Spouses may feel they are entitled to certain property, or that they have the best interests of their children in mind. When it comes to real estate matters, some couples may have disputes over separate property, attempting to lay claim to the other spouse's items. The stress of the divorce itself is compounded by these personal issues, which can draw out the process and lead to a number of headaches and heartaches for all parties involved.

How a Divorce Attorney Can Help

By working with a divorce attorney, these property disputes can be worked out and mediated. While emotions may run high, divorce attorneys will help provide a professional, objective atmosphere in which these disputes can be worked out. This peace of mind from an attorney can be helpful for both spouses as they try to work out as fair and agreeable an arrangement as possible.

Learn More About Your Rights in a Divorce

For more information about your legal rights and options following a divorce, it's important that you contact an experienced family law attorney today. The lawyers at Froerer & Miles will help you address disputes with your spouse to help reach a fair and just outcome.

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