Our Cape Coral Property Division Attorneys Work For Fair Distribution

An appropriate and fair division of marital assets during divorce can mean the difference between a future of hope and stability or years of struggle. You may not even realize the complexity of the assets you and your spouse accumulated during your marriage.

The lawyers at Burandt, Adamski, Feichthaler & Sanchez, PLLC, understand the emotion that often accompanies the division of property during a divorce. With an experienced attorney knowledgeable in Florida’s property division laws, you have a strong advocate for your rights.

Florida’s Equitable Division Law

Florida divorce laws divide marital assets equitably. This is not always 50/50. Rather, it is based on what the court believes is fair considering the length of your marriage, your financial situations and other factors. Martial property consists of money and assets you and your spouse accumulated after your wedding, including:

• Bank accounts
• Your home and other real estate
• Vehicles
• Furnishings and other personal property
• Digital assets

The court will also equitably divide your debts. To ensure that you are not burdened with your spouse’s debt, you will benefit from the support of an experienced attorney.

Skillful Negotiation For The Division Of Complex Assets

Among the largest assets couples possess are retirement accounts. Many divorcing couples mistakenly believe that if the retirement fund is in one spouse’s name, the funds in it belong to that spouse alone. This is true only for the portion of a retirement fund that existed prior to your wedding. Any accumulation of wealth during your marriage is fair game for distribution unless a prenuptial agreement stipulates otherwise.

Additionally, our firm has supported business ventures in Cape Coral for decades, and we understand the risk involved when a business owner faces divorce. Without premarital protection, the accumulated wealth of a business is at risk during property division, jeopardizing the future of the business. We understand the issues you are facing, and we will work aggressively and persistently to help you meet your goals.

How should you split the family home during a divorce?

Splitting your assets is one of the most challenging parts of a divorce. When it comes to the family home, you may have a lot of sentimental reasons for wanting to stay or having difficulties separating from it. In addition to the emotional aspects of determining how to handle your real estate, it can become complex legally too.

According to U.S. News, selling your house may become the most public aspect of your divorce. You and your spouse have to decide the ideal next move for you.

Leaving the family home with one person

If one spouse wants to keep the house, you must be careful. Make sure one of you can handle the mortgage following the divorce. If one spouse cannot afford the property, he or she will have more trouble following the divorce. One way to simplify the process is to refinance the mortgage to remove one spouse from the financial burden. However, it still leaves one name on the deed to reduce the paperwork.

Keeping the family home

People do not always consider keeping the home when it comes to divorce. You and your partner could keep the home and try nesting for a short time. Nesting involves co-owning the home with your children and having a second place to retreat to during your ex’s visitation with the children. Instead of the kids moving between two houses, the parents do instead. While this is not a permanent option, it can be a way to keep the home until you decide what you want to do with it.

One of the least complicated options is to sell the house as soon as possible and split the proceeds.