Divorce is a complex process with many unique components. Perhaps the most fundamental aspect of a divorce is property division, in which the couples’ marital property is divided between them. Although property division occurs in nearly every divorce case, many people do not understand how it works. In this blog, our St. Louis divorce attorneys take a look at how this process is handled in Missouri.
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Understanding Marital v. Separate Property
In a divorce, there are essentially two types of property – marital property, which belongs to equally to both spouses under the law, and separate property, which only belongs to one spouse. While this is easily understood, things get muddy in a real-world application.
Property owned by either spouse may be subject to division, unless:
- It was acquired prior to the marriage
- It was inherited by, or gifted to one spouse
- It has been excluded from division in a prenuptial agreement
- It was acquired during legal separation, but before divorce
However, this still does not cover some very common real-world scenarios. If, for example, one spouse buys a house on their own before getting married, you may think it is separate property. If the couple used marital income to pay the mortgage, however, the property has become “comingled.” In these cases, a formula is used to fairly compensate the homeowner for their increased contribution.
Call (314) 441-7793 Today for Skilled Counsel
If you are considering divorce, it is crucial to begin the process with help from an experienced St. Louis divorce lawyer. Our skilled team at Kallen Law Firm has handled hundreds of divorce cases, guiding people through one of the most emotionally turbulent times in their lives. When you retain our firm, you can trust that your case is in the hands of a trusted professional who cares about your interests.
Don’t hesitate to get started. Contact us today at (314) 441-7793.
