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property division
Complex Divorce
Reasons for Complex Divorces Complex divorces occur for a number of reasons. Some of the factors that can make a divorce more complicated include (but are certainly not limited to) the following: Infidelity by either spouse. Infidelity and other complications in a marriage can make it hard for the couple to be in the same...
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If your house is in your spouse’s parents name, this can cloud the issue of the disposition of the home.  It depends on the circumstances surrounding why the house is in your spouse’s parents’ name. If your spouse’s parents purchased the home for you and your spouse and charged you rent, but never had any...
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Sometimes, clients will believe that if their name is removed from the title of the home, then they are removed from the liability of the home (i.e. the outstanding mortgages or home equity lines of credit). Unfortunately, this is not the case. Your divorce decree can divide up property and determine the disposition of the home; however,...
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Marital property is any property that is acquired during the marriage. If during your marriage you and your spouse purchase a home, then this home is considered “marital property.” If during the marriage, you start a new job and receive a retirement account through your position, the retirement account is considered “marital property.” Non-Marital vs. Marital...
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Often when parties get divorced, the value of any property is split down the middle; each party gets about 50% of the assets and debts from the marriage. This can get more complicated, however, when assets were owned by one party prior to the marriage and maintained through the marriage. How do you place a value on...
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Often at the time of divorce, both parties want to stay in the marital home. What happens then? How can you force one party to leave? If the home was purchased during the marriage, it is marital property. Likewise, if it was purchased prior to the marriage but the parties resided in it, there is a...
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A common part of a settlement agreement with divorce is the division of the homestead. Real property is considered marital if it was purchased during the marriage, regardless of whose name is actually on the title. In addition, if one party purchased the home prior to the marriage, the other spouse is entitled to some of...
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