Property Division
A part of the divorce process, the Court can allocate the property and liabilities (debts) of the parties. The Court will make this allocation based on what is “just and equitable,” after consideration of all the factors. All property and liabilities are considered community or separate. This distinction may have an impact on the division. The factors considered by the Court include but are not limited to:
The nature and extent of the community property;
The nature and extent of the separate property;
The duration of the marriage; and
The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse with whom the children reside the majority of the time.
Prior to the entry of a final divorce order, the Court can also determine how property is used by the parties, by entering temporary orders. This may include a determination of who can remain in the family home, use of vehicles, service monthly bill, etc. The court can also issue a restraining order to protect property. Such an order can limit each party’s ability to move, take, hide, damage, borrow against, sell or try to sell, or get rid the property.
Family law litigation, including property division, can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of family law and divorce actions and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your divorce.
