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How to Protect Personal Property in Divorce

Posted by Robert Luttrell | Dec 22, 2017 | 0 Comments

Property division tends to be the most difficult, conflict-ridden, and personally costly part of divorce. It can prove especially frustrating for spouses who fail to establish which assets and possessions are their personal property. If you are engaged in a difficult battle over mingled assets and property ownership, there are a few things you can do that will place you at an advantage during the property division phase of your divorce:

  1. Take inventory of all your gifted possessions and assets. If any of your important assets have been given to you as gifts, finding relevant documentation may prove critical if you wish to have access to them after your divorce or hold onto them in their entirety. This is especially true of inherited property. It may also behoove you to request written proof from the family member or friend who made these gifts to you, in order to demonstrate to the court that a certain asset is, in fact, your personal property. If you do, make sure these written gift confirmations contain as much explicit information as possible. Otherwise, they may not do you much good in divorce court.
  2. Figure out the status of all your major assets. Make sure you have important paperwork related to all real estate, automobiles, investments, retirement savings accounts, and other large assets. Having appropriate documentation will be essential, whether you are attempting to prove that those assets are shared or personal property.
  3. Get an attorney to help you enforce (or challenge) pre- and post-nuptial agreements. If a court determines that your pre- or post-nuptial agreement is illegitimate, you may either lose access to important assets or be forced to divvy them up with your spouse, regardless of whether or not you consider them your personal property. Getting a professional opinion on how well your agreement will hold up in court can give you an idea of what to expect during property division.
  4. Understand how the state approaches property division. California courts take what is known as the “community property” approach when splitting up property in a divorce. This means the court typically divides the couple's joint resources down the middle in order to make it as even a split as possible. (This also means that age, gender, employability, and post-divorce financial status are not taken into consideration.) Knowing how the court is likely to divide up your possessions can help you develop healthy, reasonable expectations going into divorce.

Experienced Divorce Lawyer in Cleburne

If you are getting divorced, our Cleburne divorce attorney Cleburne divorce attorney is here to help you get through it and maintain as much of your personal assets and possessions as possible. Don't go in alone and risk losing what is rightfully yours. Bring our team at The Law Office of Robert E. Luttrell III into your corner today.

Call (817) 567-2899 or reach out to usto schedule your complimentary case evaluation right away.

About the Author

Robert Luttrell

Learn more about Attorney at Law, Robert E. Luttrell III Attorney Robert E. Luttrell III is the senior partner of the Law Office of Robert E. Luttrell III. He is a dedicated attorney who has years of experience in various types of law including family, divorce, child custody, criminal defense, b...

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