When you go through a divorce, there are a lot of considerations that you must work through. Although your goal is to separate from your spouse, the two of you will need to work together to dismantle the life you had together in search of a new one. Property division is a major factor in divorce and an area in which you and your spouse must make compromises.
Whether you have a large estate with many assets, a modest property holding, or some small savings accounts, you and your spouse will need to split your marital property equally and in accordance with West Virginia law. All states have different laws surrounding property division, and it is essential that you understand the parameters that you need to follow.
Hiring an attorney helps the property division process go smoothly. If you are going through a divorce, our team at Erica Lord Law Group can help you achieve your desired outcome.
For nearly 20 years, the team at Erica Lord Law Group has been building experience in the family law sector. We understand the complexities that accompany Beckley, WV divorce cases, especially in the area of property division. Our legal support gives you reliable, trustworthy guidance throughout the asset division process to make sure that your divorce settlement is fair and legal.
We are diligent when it comes to achieving fairness and justice in divorce cases. Whether your separation is amicable or contentious, we will ensure that the divorce process ends equitably. If your spouse or your spouse’s attorney attempts to take advantage of you or your situation, we will fight ruthlessly to defend your rights and keep the process fair.
No family law firm offers the same quality of legal counsel as we do. We are your best option in the area for property division and divorce negotiation counsel.
Property division is the process by which two divorcing individuals determine what will happen to their assets. Each individual will receive a portion of the assets that they may keep as they move forward in their separate lives.
In many states, all property must be divided equally during a divorce. This is not true in West Virginia because it is not a community property state. Therefore, any property that the individual spouses owned before the marriage may not need to be split during the divorce.
For example, suppose that your wife owned a home before you got married. In community property states, that home would become your property when you and your wife got married. However, in non-community property states like West Virginia, you may not be entitled to half of that house.
West Virginia acknowledges any property that was obtained during the marriage as marital property. Marital property will need to be split evenly during the divorce. For example, if you and your spouse purchased a home after you got married, that home’s value must be split equally during the property division portion of your divorce.
The property division process is complicated. Because every state has its own rules concerning divorce, it can be difficult to know how to proceed during these negotiations. Without an attorney, you may receive less than you deserve during your divorce.
Dividing property is also extremely emotional. Many times, family homes and valued possessions need to be sold to compensate each spouse equally. It is difficult to negotiate these terms for yourself if you are emotionally attached to any of your assets. An attorney can help you navigate this and negotiate on your behalf.
An attorney helps to keep the property division process fair and advocates on your behalf if it is not. It is unwise to attempt to navigate a divorce without an attorney.
A: Property division attorneys help you and your ex-spouse determine where your assets will go when you separate. We facilitate these negotiations and ensure that the settlements that you and your spouse receive are fair and equitable. Some assets may need to be sold to split property evenly, and we can help to make sure that the terms of sale are fair and in your best interest.
A: No. West Virginia is not a community property state, meaning that all assets will not be divided equally. If you or your spouse owned assets before you got married, West Virginia law may allow you to keep those assets without dividing the value with your spouse. However, marital property will need to be divided fairly according to state law.
A: No. However, if you have any property or large assets, have children, own a business, have stocks and bonds, have been married for ten years or more, or have other extenuating circumstances, you should hire an attorney. Divorce negotiations often become complicated, and it is difficult to navigate the process without legal counsel. An attorney ensures that the process is fair and legal.
A: Finding a good lawyer for your property division process depends on your unique needs and circumstances. It is always best to find an attorney with significant experience in cases like yours. Finding someone with experience in other areas of family law can be helpful, too, as you may need to make other negotiations during the divorce process. You must also find a lawyer who fits your budget so that you can afford their services for the duration of your divorce.
If you are looking for a property division law firm, our team at Erica Lord Law Group is here to help. We have extensive resources and experience in this area and can help you navigate your divorce with ease.
For more information, contact Erica Lord Law Group online today.