Sarasota Property Division Attorney
Experienced Sarasota Property Division Attorneys
Property assets and division is one of the primary areas of dispute among divorce and dissolutions of marriage. It is actually one of the leading causes of stress in divorce, and for good reason due to the importance of reaching a fair solution and the economic future of each party. Our property division attorneys at HD Law Partners have more than 40 years of combined experience between them, and have helped countless Sarasota clients walk away from unfortunate marriages with favorable economic outcomes to help start a new life. Having a trusted, compassionate, and experienced Sarasota property division attorney throughout this very emotional and vulnerable time in your life is vital because of the importance that property division has on your future.
Distribution of Assets by the Florida Courts
There are a lot of factors that go into a court’s decision of property distribution. Generally, the court begins with “the premises that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors,” which includes the following, as per Florida statutes 61.075:
- Contributions of each spouse to the marriage, which includes contributions of care and education provided to any children, as well as contributions of homemaker services;
- Economic situation of each spouse;
- Length of marriage;
- Interruptions or setback of personal careers and education opportunities set aside because of the other spouse;
- Contributions made by one spouse to the other’s career or education;
- Contributions made to increase value of property and finances, including negative contributions;
- The desirability to retain certain assets; and
- The needs of property and assets based on child custody (the parent with primary custody may have a better chance of retaining the family home if it is deemed that it will be in the best interest of the child).
If the process is taken to court, other factors may influence the court’s decision about equal or unequal property division. And, even if one of the spouse’s income was much greater than the other’s income, that does not mean that the higher earner will get a larger portion of the marriage’s assets, according to the Florida Bar Journal.
What Gets Divided During Property Division?
There are two types of property: shared property and personal property. Each party must disclose all property when going through a divorce. If you do hide assets, which is unlawful, you may face harsh legal penalties. Both parties need to know what personal property the other has, and what the shared property consists of as a whole. Generally, personal property consists of:
- Pain and suffering compensation from lawsuit or settlement;
- Property owned prior to the marriage;
- Gifts received from third parties; and
- Inheritance received by each party.
Shared property is essentially everything else: money earned during the marriage, products purchased during the marriage, and the shared home.
Contact One of Our Experienced and Compassionate Sarasota Property Division Attorneys Today
For experienced legal representation during this time of turmoil, contact the compassionate HD Law Partners at our Sarasota law office. We ensure that your rights are protected and that you are awarded the property and assets that you rightfully deserve. Call our Sarasota property division attorney today at 813-253-5333 for immediate assistance.