Certain types of property can become more contentious to handle in the midst of a divorce. If you have these items and are in the middle of divorce, you are not alone in wondering how their division will be handled.
As you consider your divorce and these properties, you should understand that division of these items can be difficult to manage.
Pets are among the most common pieces of property associated with divorce. While you might love your pet, the truth is that the pet is considered just another piece of property under the law. As a result, the judge can determine who receives the pet just as they can decide about any other property.
The best thing you can do to decide about your pet is to mediate when possible. Consider who has more time to spend with the pet, for example. You know the pet's needs much better than the judge.
Some items are purely sentimental. You and your ex might both have an emotional attachment to an item, and you may not be able to decide who will keep it. These items might include photos, memorabilia, artwork, and even clothing.
Of course, the courts will not consider sentimentality in making these decisions. As a result, the judge might make the call, taking all emotion out of the decision.
If you and your spouse share a marital home, it is important that you understand the ways in which it could be split between the two of you. For example, you may have bought the home together, and you might want to keep living in it. Your home may have been expensive, and you might not have an easy time finding a new home.
There are a few ways in which the property may be divided. For example, the judge may tell the couple to sell the house and divide the proceeds (or use the cash to pay off marital debts). In other cases, one spouse may buy out the other spouse's portion and continue to live in the home.
In some cases, the judge will consider children living in the home and determine that the custodial parent will remain in the home.
Consult With a Family Law Professional
A legal professional who understands family law can help you determine what you need to do. Your attorney will help you make decisions and will also advocate for you so that you can move forward with the property you deserve according to the court.
Contact a company like Gomez May LLP to learn more.