Protecting Separate Property Rights In Divorce

Depending on the extent of your assets, property division can be complicated. Florida law requires property division to be "equitable," or fair. And while what is divided is only marital property and not separate property, you need a strong advocate to clarify and assert that what is your own should not be part of the property that is divided.

Separate Property

You had certain property before entering the marriage. You are also an individual, with your own family, and you may have received gifts to you as an individual. It wouldn't be fair to take these away from you. Separate property includes:

  • Property you acquired before marriage
  • Inheritance
  • Gifts
  • Property excluded from joint ownership by prior mutual agreement

Community property is generally anything acquired during the marriage, including the increase in value of assets or property.

What if you had a bank account or other property before getting married that was commingled with joint property, or otherwise became a joint account? It may not be a simple task to tweeze out what should be set aside as yours. We employ forensic accountants when necessary to trace what funds came into the marriage, what happened to them and what value can now be assigned to them as your own.

Prenuptial Agreements And Contested Divorce

Judges have great discretion in dividing property and most other aspects contested divorce cases. You can take steps to avoid uncertainty by executing a prenuptial or even postnuptial agreement designating property as separate.

You may have a lot on your mind at this time. Let our attorneys and staff take on the task of ensuring your fair treatment in property division. Your future and your children's future will be affected by decisions you make today.

Contact Our Attorneys — Let Us Evaluate Your Legal Matter

To make an appointment for a consultation with one of our experienced Miami marital property lawyers, call 305-742-0063 or use our email contact form.