Springfield Property Division Attorney
You don’t have to be married very long to start acquiring property; in fact, it starts immediately and never stops. What happens to all that property when you divorce? If you can work it out with your partner, then you can agree for yourselves how to split the marital estate. If not, it’s up to the judge, who has the authority to divide and distribute marital property in any way the court deems just. Whether negotiating a property settlement agreement with your spouse or litigating your position in court, you need knowledgeable, skilled and assertive representation in your corner. At Courtney & Mills, our Springfield property division attorneys have decades of experience representing clients in Missouri divorce matters involving straightforward and complex property division matters. Give us a call to learn more about the property distribution in your divorce, and let us help you protect the assets that are most important to you.
How marital property is handled in a Missouri divorce
Missouri courts have the authority to divide the marital property and debt in a divorce. Generally speaking, all assets and debt acquired by either spouse during the marriage qualify as marital property. Non-marital or separate property includes property you owned before getting married as well as property that was given to you individually or that you inherited, even during the marriage. However, property can change its character depending on how it is treated during the marriage, including whether separate property is “commingled” with marital property or whether the property is “transmuted” from one form to another.
Unless you and your spouse can agree on how to divide the marital estate, it’s up to the judge to distribute it. Missouri courts are charged with making an equitable distribution of marital property. The division does not have to be equal; instead, the judge can split up the property in any way the court deems is just. In deciding what might make a fair distribution, the judge is directed to consider a number of different factors, including:
- Each spouse’s economic circumstances
- Whether it is desirable to give the family home to the parent with primary custody
- How much each spouse contributed to acquiring the marital property, including contributions to the household as the homemaker
- The value of separate property held by each spouse
- The child custody arrangement
- Any marital misconduct by either spouse
When matters are to be decided in court, our experienced litigators know how to build a case around the relevant factors, presenting factual evidence and sound, persuasive legal arguments to help ensure you get a fair deal in the property division.
Additionally, we’ll work to make sure all assets and debts are located, identified and properly characterized as marital or non-marital property. We’ll also utilize our knowledge, skills and experience to make sure every piece of property is accurately valued for a fair and just distribution. Our Springfield property division attorneys are equipped to handle even the most complex or high-dollar estates with complicated property such as business valuations, self-employment income, the value of a professional practice, stocks and retirement plans, and more. As noted earlier, the value of each spouse’s separate property plays a role in the division of marital property, so ensuring an accurate valuation of non-marital property is just as important as evaluating marital assets and debts. We engage with forensic accountants and other experts as needed to ensure a fair outcome in your Springfield divorce.
Get Help with the Property Division in Your Springfield Divorce
For help with the property division in your Springfield divorce, call Courtney & Mills at 417-869-9888. We are here to protect your rights, promote your interests, and help you find creative, pragmatic solutions to even the most complicated questions involving marital property and divorce.