St. Charles Marital Property Division Attorney
Identification of Property and Debt
In a divorce, the court must determine what marital debt and assets exist. Often, the difficulty lies in identifying what is marital property and what is separate property. Likewise, difficulties lie in identifying marital debts and separate debts. The burden is on the parties to try and convince the court what property or assets are actually separate. The best way to do this is if you have a prenuptial agreement, postnuptial agreement or documentation specifying who acquired the asset and when. Failing that, a skilled family law attorney is your best chance of guiding you through the process.
There are several types of property that are presumed to be separate property, including:
- Inheritance
- Gifts from either third parties or even the other spouse
- Property that was owned prior to marriage
Division of Property and Debt
Once all of the marital assets and debts are identified and properly valued, it is necessary to divide them. The Missouri statute provides that the division should be "equitable," not necessarily "equal." Typically, it is a 50/50 division, but the division could change based on several factors, including, but not limited to:
- Conduct of the parties during the marriage
- Economical impact
- Sufficient income to pay debts
- Child or spousal support to be paid
An experienced St. Charles marital property division lawyer at Turken and Porzenski, L.L.C., can guide you through this process to reach a beneficial resolution.
Contact a St. Charles County Divorce Lawyer
If you have questions regarding property division, contact Turken and Porzenski, L.L.C., to schedule a consultation and a valuable assessment of your case. Our office is open on weekdays from 8:30 a.m. until 5:00 p.m. and is conveniently located near the St. Charles County Courthouse. We accept Visa, MasterCard, Discover and American Express.
