Going through a divorce can be both a frustrating and even scary ordeal. There are a lot of unknowns you have to deal with while moving through this process, as well as the potential for nasty surprises depending on how difficult you expect the case to be. One of the biggest for many people is not knowing exactly what property you’ll be able to retain when it comes time to split the assets of you and your ex. Thankfully, there are strategies you can use to retain your property. Below are some tips for retaining your property during your divorce case.
Obtain an Uncontested Divorce
You should be aware of the fact there are different types of divorce out there. Only contested divorces are decided by a court. If you are on good terms with your ex-spouse, you should try to hash out an uncontested divorce with both your lawyers before anything else. This will be an agreement to the terms of the divorce reached by both parties and considering there should be no ill-will between either of you, there’s every chance you come away from it satisfied. In this situation, you have a much better chance of retaining the property you want to keep because you can negotiate directly with your spouse and spouse’s counsel regarding that fact. The judge does not have a large role here as both parties must come to an agreement beforehand. That should include keeping the property you want most.
Get a Good Divorce Attorney
In other cases, there may be strong disagreements on who gets to keep what property as well as other matters related to parting ways. Some of these matters could also include things such as the custody of children, diving up of bank accounts, other assets obtained while you and your ex were together, and things that belong in a home such as furniture. In any case, unlike in the previous section, if you or your ex are unwilling to part amicably then you will have a contested divorce and the judge will play a huge role in determining who gets what out of the settlement. In such a circumstance, having the right lawyer is key. Without proper counsel, you may end up losing everything you want to keep. Spend some time researching divorce lawyers, and choose one that has a good track record of getting the best possible settlement for their clients.
Get Your Property Listed as “Separate Property”
In many divorce proceedings, the property can be categorized in a few different ways. “Marital property” is a property that is determined to be jointly owned by the couple, and if this is the case it will then be equitably divided between the two by the court. There is also “separate property”, meaning only one of the parties owns it. Properties under this listing will not be divided by the court and will instead be retained by those who are determined to own them. This includes property a person had before the marriage, property that a person inherited from a relative, or property that a person received as a gift or purchased as an individual. If you can get your property listed as “separate property,” it will be much easier to reinforce that you should retain sole ownership of it.
Overall, there are strategies you can use to save your property in a divorce no matter the circumstances or standing you have in your individual case. This can include tactics such as implementing an uncontested divorce or getting your property listed as “separate property” by the court. Either way, you will need a skilled lawyer in order to do so both effectively and quickly. After all, once you lose the property to your ex, it may in fact be very difficult to try and get it back.
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