Dividing Marital Property In An Alabama Divorce
Alabama is an “equitable division” state when it comes to the division of marital assets and the allocation of marital debts. Property settlements do not need to be equal, but divided equitably based on the individual circumstances of the parties. Disputes can sometimes arise over whether certain property should be considered marital property for the purposes of division.
Separately owned property can occur from assets owned prior to the marriage or from gifts or inheritance received during the marriage. Whether separately owned property is to be included in the martial estate, and subject to division, requires a factual determination of whether the property was “used regularly for the common benefit of the parties during the marriage.” These types of disputes require excruciatingly detailed analysis of the concepts of what is “used regularly” and “for the common benefit.”
When disputes arise regarding whether an asset is separately owned or part of the marital estate, the parties typically become very emotional. The counsel of an experienced lawyer can help a party navigate the factual issues and assist with the emotional issues as well.
Effective Representation In Complex Separate Property Disputes
When a dispute arises over whether a specific asset is separately owned property or part of the marital estate, it is important that the issue is dealt with decisively. I have access to a network of talented forensic accountants and other experts who can provide the evidence necessary to support your claim over the asset.
If your spouse is attempting to claim an asset as marital property that you believe to be your separately owned property, I will take the necessary steps to protect your property rights. I have extensive experience resolving even the most difficult separately owned property disputes.
Contact The Riley Law Firm About Your Separate Property Concerns
Learn more about how I can help with protecting your assets in a divorce. Contact attorney Clyde Riley in Birmingham, Alabama, to discuss your property division questions. Please contact my office online or by calling 205-212-5577 to schedule your initial consultation.