Aaron & Aaron, Attorneys at Law
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What property can spouses consider as separate?

When two people get a divorce, there is a lot that they may dispute, including property. Whether both spouses decide to go after the house, car or even the family business, these types of disputes are not easy to resolve, especially if both spouses feel as though they are entitled to the property for which they have been fighting. While marital property is what the couple will be disputing over and possibly dividing when they get divorced, it is likely that each spouse will have separate property that will not be up for grabs. The problem with this is that the other spouse may disagree with their determination that the property is separate.

In the event of a divorce, the following property may be considered separate:

  • Inheritance.
  • Court awards.
  • Gifts.
  • Pension proceeds.

This particular type of property is often things that have been acquired prior to the couple getting married or only has to do with the spouse who received it. However, in some situations, one spouse may be under the impression that certain property is separate, only to find out later that it is not. With there being the risk of spouses being confused about what property is considered separate and what is considered marital property, they should speak to someone who can help them determine what property is actually marital.

Divorce disputes over property division are common, but that doesn't mean you should enter this battle without the assistance of an attorney. If there is property that you owned prior to getting married, then you should not have to divide it with your spouse during the divorce. Those currently planning to divorce their spouse and are anticipating a dispute over property division should strongly consider contacting an attorney.

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