Property Claims
Representing With Respect
Property Claims
As a family lawyer, I provide assistance to people who are separating and getting divorced to
ensure the division of property settlement is fair and just. Dividing property is an essential aspect
to finalizing a divorce, which can become extremely complex for both amicable and contentious
divorces.
How Property Is Divided for Married Couples
There are specific laws regarding the division of property with two main parts. The first part
regards all assets acquired throughout the marriage, including cash savings, investments, and so
on. The second part regards the martial home, which is handled separately from other property.
The processes to divide property are similar for all legally married couples, including same-sex
marriages. Generally, the monetary value of all assets is summed and then subtracted from all
debts owed by the couple to arrive at a net value to be divided.
How the Martial Home Is Divided for Married Couples
Determining the disposition of the martial home depends on a few different factors, like if there
are minor children. When children are part of a divorce, the court’s goal is to ensure their best
interests and stability.
Oftentimes, the custodial parent is allowed to remain in the martial home with the children. All
upkeep, property taxes, mortgage payments, and so on, are split equally between the couple since
it is a shared asset. Once the children are no longer minors, then the property can be sold and the
proceeds divided or one party can purchase the other’s interest in the home.
These same options can also be used in cases where there are no minor children, but they would
occur now, not sometime in the future.
There are a few exceptions regarding specific debts and assets, like if the property or debt was
acquired prior to the marriage. In addition, if there is a prenuptial agreement in place, then any
provisions contained in this legally binding contract would be utilized to determine how property
and debts are divided, as well as the disposition of the martial home.
Arbitration and Mediation to Divide Martial Property
Arbitration and mediation are two procedures divorcing couples can use to divide marital
property.
Family law arbitration is like having a private judge, chosen by you and your former
partner/spouse, to settle your family law dispute for you. It is a process that is growing in
popularity for several reasons. It is, however, not the right process for everyone and anyone
considering family arbitration (also called divorce arbitration) should consult with their lawyer
prior to committing to arbitration because the arbitration is legally, meaning a family arbitrator’s
decision is final.
Mediation is an alternative dispute resolution process where you and your partner meet with a
mediator to resolve your legal issues without going to court. Mediation is voluntary. This means
that you and your partner have to agree to work with a mediator. You cannot be forced to
use mediation, or forced to agree on your issues.
Property Division for Common Law and Unmarried Couples
The laws regarding common law and unmarried couples and property claims are handled
differently. The law does recognize there can be special circumstances where property should be
divided if the couple has lived together for a period of time.
The process involves filing claims against the property that would otherwise unjustly enrich the
other party. If you have acquired significant property and assets while cohabitating, it is
recommended to speak with your lawyer to determine your property claim rights.
For more information about dividing property, property laws, or to initiate settlement processes,
contact me to schedule a consultation today.
*The information on these pages do not constitute legal advise. Please contact me directly to receive legal advise regarding your specific issue. Thank You