Property division disputes can be some of the most challenging to resolve when couples divorce. The law requires ex-partners to divide their property equitably, but what seems fair to one spouse may not seem fair to the other. Determining an equitable distribution in Southbury is not an exact science, but our experienced property division attorneys can help. We understand how judges evaluate dividing assets, and we can use our knowledge to ensure your settlement is fair under the law.
In most states, property a spouse had when they married and property they inherit or receive as a gift during the marriage is theirs alone. That is not true in Connecticut.
All the property the spouses own at the date of separation, whether titled individually or jointly, can be divided in a divorce. Theoretically, property one spouse brought into the marriage or inherited could become the property of the other spouse after a divorce.
Couples who want specific property to be treated as theirs alone can do so through a prenuptial or postnuptial agreement. A Southbury attorney can draft an agreement protecting specific property from equitable distribution in a divorce.
Connecticut law calls for an equitable distribution of a couple’s property when their marriage breaks down. When circumstances favor giving a larger percentage to one spouse, courts will distribute the property accordingly. Connecticut General Statutes § 46b-81 lists multiple factors a court can consider when determining how to divide a couple’s property.
The length of the marriage, the age and health of the spouses, and each spouse’s capacity to provide for themselves are important considerations in most divorces. Depending on the circumstances, other factors may be especially influential in a judge’s decision. A court can order the sale of property so the couple can split the proceeds, but many judges will try to divide property in a manner that permits children to continue to live in their family home, for example, or a business owner to retain their interest in the business.
A judge can consider the spouses’ conduct in the marriage when deciding how to divide property, even when the couple does not cite fault-based grounds. A Southbury lawyer can discuss how spousal misconduct could impact a property settlement in a specific case.
The financial arrangements that accompany a divorce will impact both spouses forever. Leaving these decisions in the hands of a judge should always be the last resort.
Connecticut courts offer multiple opportunities for couples to negotiate settlements. Mediation or collaborative divorce are more private and can be cost-effective than litigating a dispute. These options keep maximum control in the hands of the spouses and allow them to craft an agreement that serves both parties’ current and future needs.
A Southbury attorney can assist a spouse in exploring ways to negotiate an equitable property settlement. When parties do not communicate well, or there are safety concerns, a legal professional can negotiate directly with the other spouse’s lawyer to develop a property division agreement. Regardless of how the couple reaches an agreement, they must submit it to the court for approval before it will be incorporated into a divorce decree.
Determining equitable distribution in Southbury requires a judge to consider all relevant factors when dividing a couple’s property. The judge need not strive for equality; they need only determine what is fair.
However, when a judge makes property division decisions, both spouses may be disappointed. Contact our firm today so our family law attorneys can help you reach a property settlement outside court. A negotiated property settlement keeps the decisions in your hands.
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