During such an unfortunate and stressful time such as divorce, things can seem pretty unclear. As a result of everything you are going through and the emotions you’re feeling, you may end up not being represented as well as you should be. When children are involved there are plenty of custody battles with endless custody hearings and custody agreements. However, what about your rights to your personal belongings, such as your home and car? Property division is one of the most important parts of the divorce process, and it’s critical to ensure that you’re getting what you deserve when splitting from another individual.
It’s always said that up to 50% of married couples will divorce within the United States. This statement is thrown around commonly when two people considered to get married, but this does not mean you do not need to be passive during the divorce process. Property division is a careful process that needs to consider both parties equally in the matter, granting ownership of what’s rightfully deserved. Family law should not leave anybody out.
The best way to handle property division in a divorce is to deal with it together, as the two divorcing parties. Having everything agreed upon and illustrated personally makes it easier in the long run to divide things. However, depending on the terms on the divorce it may be impossible for two parties to communicate this way, which is why these matters end up in the hands of lawyers and courts. Court will handle property accumulated during the marriage, separate property owned before the marriage, and everything in between.
In divorces with kids involved, the court handles property division regarding houses and cars very transparently. It depends on the custody agreement, but typically the parent with the custody or larger living agreement will end up owning the house. This can be true of a vehicle as well, but also depends on the working situation of both parties. Behavior between the parties can greatly affect the results of division as well. If the court believes that abusive, toxic, or generally unfairly spiteful behavior is occurring, that can mean the perpetrator will be limited in the property they are granted.
