Equitable Distribution

Tampa Bay Property Division Attorneys

Dividing property during divorce can be contentious. Because Florida is an equitable distribution state, the division of assets does not have to be completely equal, rather it just needs to be fair and consider all related factors. If the two parties can agree on property division, the court can ratify the settlement and include it in the final dissolution order. However, if the spouses do not agree, the court will hear the matter and then make a determination.

Contact our Florida divorce attorneys today for any issues related to the equitable distribution of property. Call us toll-free at 866-549-7081.

Marital property

In Florida, marital property is defined as those “items acquired or debts incurred” during the course of the marriage. Our attorneys will do their due diligence to investigate and ensure an accurate picture of assets and debts. We catalog marital assets such as real estate, vehicles, bank accounts, pensions, 401Ks, stocks and personal property. Assets can also include pets, life insurance and, if there is a business involved, accounts receivable.

Non-marital property

We also identify the property that is not subject to equitable distribution. Non-marital property includes any assets acquired by either party before or after the marriage. It also refers to anything acquired through inheritance or gift and any item excluded by a written agreement such as a prenuptial agreement.

Solving problems

In many instances, it is nearly impossible to divide individual assets. A house or car, for example, cannot be physically divided. In some situations, to realize the value, it must be sold. Situations such as these make the division of assets a challenging proposition. People often have emotional attachments to their assets, making the selling of a family home, vacation cottage or collector car a contentious matter.

Our attorneys work to resolve disputes arising from the property division process. If such problems can be solved between the parties and their lawyers, the court may not need to get involved. This is usually to everyone's advantage, as a judge can easily make a ruling that suits neither party.

We can often develop creative solutions to difficult issues. For example, if one party wishes to keep the family home rather than sell it, he or she might give up a claim to alimony. To speak with us about matters like this or any issue related to equitable distribution, contact the Busciglio & Sheridan Law Group. Call us toll-free at 866-549-7081.