Fort Collins lawyers know all about property division
If both parties could not achieve a harmonious resolution of their conflict and independently deal with the acquired property, its division takes place in court.
Considering that the divorce process is full of contradictions and specific subtleties, it requires legal assistance from qualified family law lawyers in fort collins. It often happens that one of the spouses claims his rights to property, which, according to the law, cannot belong to him. These can be gifts, personal spouse’s things, an inheritance received or money accumulated before marriage. However, to challenge the legal right to own such property, you need to be a real professional with practical experience in the field of divorce proceedings.
What should be divided
The most difficult thing is to divide property that simply cannot be divided into equal parts - especially real estate, for example, an apartment located in a multi-story residential building. Of course, the court will determine the procedure for the use of common shared property, but this decision can result in torment if both spouses no longer have love and respect for each other. It is possible to conclude an agreement for the exchange of an apartment for two or more, or sell this property and split the received money in two. Again, one cannot do without the help of professional divorce lawyers in fort collins. To correctly draw up an agreement on the exchange or sale of an apartment, you need to take into account a lot of legal subtleties.
An equally difficult issue is the section of the car. It doesn't matter with whose money the car was purchased and in whose name it was registered. Since the car, like real estate, cannot be divided in half, in court it goes to one of the spouses, and the other receives monetary compensation. With competent legal support, you can designate the amount of compensation in such a way as not to remain at a loss.
According to the order, the property acquired by the spouses during the marriage is their joint property. Such property also includes securities acquired from general income, shares in the capital of companies, shares, deposits made in credit institutions (banks). The unemployed spouse has every right to a share in joint ownership of the common property. What is the share size? When the spouses' common property is divided, the shares are recognized as equal. But the court has the right to deviate the spouses' shares in their common property based on the interests of the children.
Relationships with children after divorce also require the establishment of rules, which will help child custody lawyers in fort collins to determine.
Summarizing the above, we can conclude that a spouse who has minor children has the right to claim not even half of all joint property, but most of it, unless otherwise specified by the marriage contract.