Attorneys Protecting Your Marital Property Rights

If you are getting divorced, your property and assets must be divided. The basic standard in Florida is "equitable distribution." This describes what a court will do if you are unable to reach a settlement on your own.

What many people overlook is that debts will be divided, too. Almost every couple has debt of some kind, whether mortgage, auto, credit card or other debt. The sad fact is that debt and financial problems are frequently a contributor to the breakup of a marriage.

Like most other states, Florida distinguishes "marital property" from "separate property." Only marital property is divided, while separate property belongs solely to one or the other. Likewise, "marital debt" is distinguished from individual debt.

Contact a lawyer at our firm in Miami to see whether you may be "on the hook" for amounts you did not expect!

Generally, if debt was taken on to benefit the family, it is marital debt owed by both parties. You could even be liable for the entire debt if your ex does not pay. A family business benefits the entire family, so in a business owner divorce, these debts could be attributed to you even if you did not participate in the company. Individual debt would include a vacation taken by only one person or money borrowed for a hobby of one person.

If You Are Now Separated

Make sure common accounts are not being abused. You may want to cancel joint accounts so that you are not liable for what your spouse is doing. We can advise you of steps to take to protect yourself.

Contact Our Asset And Debt Division Lawyers To Evaluate Your Legal Matter

To make an appointment for a consultation about asset division with one of our experienced family law attorneys, call 305-742-0063 or fill out our simple intake form today.