One of the main aspects of divorce is dividing marital assets and debts. Property division talks have the potential to cause high tensions, especially if one spouse attempts to hide assets. If you are currently undergoing or considering divorce, you should hire a Twin Falls family lawyer to represent your interests and rights.
The team at Brown Family Law has 150 years of combined legal experience helping families through their legal issues. Our attorneys understand how to navigate family law matters efficiently and without conflict. We believe in a smarter way to do divorce and will use our skills to promote your long-term protection.
Contact our offices online or call us today to schedule a consultation with a property division lawyer in Twin Falls.
Reasons to Choose Our Family Law Firm
We understand the difference that legal representation can make during property division talks. Below are just a few reasons why you should consider working with us:
We Focus Exclusively on Family Law
Our team focuses entirely on family law. While some firms split their attention between personal injury, criminal defense, etc., we put all of our knowledge and resources into family law matters. Our exclusive focus gives us a deep familiarity with our clients’ situations and an understanding of the issues they face.
Strategy and Solution-Focused
Many family law firms take an aggressive approach, focusing on overwhelming the opposition through force. We instead prioritize calm and strategic solutions. We want to resolve your issues with as little conflict as possible, while also standing firm to support your interests and desires.
Experience With Complex Marital Estates
Our Twin Falls property division attorneys have substantial experience navigating divorce property cases with complex marital estates, such as those with high-value assets and diverse asset types that make typical accounting and division difficult. Common examples include diverse real estate portfolios, international assets, and collectibles (e.g., art).
Get Clear Guidance for Your Divorce
What Assets Are Divided During Divorce?
Assets divided during divorce include virtually anything with monetary value, such as:
- Real estate properties
- Financial accounts (e.g., bank accounts, retirement accounts, investment accounts, and pensions)
- Businesses and professional practices
- Debts and liabilities (e.g., mortgage, credit cards, and personal loans)
A Calmer, Clearer Way Through Divorce
Community Property vs. Separate Property in Twin Falls
Idaho is a community property state. Under community property laws, any property acquired during marriage is presumed to be equally owned.
Per Idaho Code Section 32-712, Idaho courts generally divide community property in a way that is “substantially equal,” though a judge may order an unequal split when compelling reasons exist.
Idaho’s community property laws only apply to assets acquired during the marriage. Assets owned before marriage are still classified as separate and are not subject to an equal split. But division of property can become more complex when couples have mingled separate and marital assets.
Community property is normally split down the middle, but judges have some discretion to alter distributions. For example, the parent with physical custody of children may be given more weight when dividing real estate assets.
Process of Dividing Property: What to Expect
Below is the general process of what to expect when dividing property during divorce in Twin Falls.
Asset Disclosure
The first step of property division talks is disclosing assets. Each party must give a full accounting of their owned assets and properties and complete a full financial disclosure of assets and debts. Failing to disclose assets can result in penalties and contempt of court charges for repeated refusal.
Classification and Valuation
The next step is classifying and valuing the assets. This is the point where the question of which assets are separate and which are jointly owned comes into play.
Negotiation
During this process, a lawyer can negotiate on your behalf for a fair agreement and resolve disputes.
Litigation
If necessary, your attorney can move the case to formal litigation and represent you during any hearings.
How a Twin Falls Property Division Lawyer Can Help
Attempting to navigate property division on your own is usually a losing proposition, especially in cases of contested divorce. Below are just a few ways that a Twin Falls property division lawyer from Brown Family Law can help you:
- Identifying and classifying marital assets
- Appraising and evaluating property values
- Accounting for property in other jurisdictions and internationally
- Separating community property and separate marital assets
- Finding concealed or hidden properties and assets
- Drafting property division agreements
- Reviewing prenuptial agreements regarding property division
- Negotiating property division agreements with other parties
- Ensuring full financial disclosure from both parties
Contact a Twin Falls Property Division Attorney
When getting a divorce, you deserve to work with a passionate advocate for your financial well-being. A team member from Brown Family Law can provide legal support, ensuring you understand your rights and options. We can answer any questions or concerns you may have about the property division process and represent you with compassion and integrity.
Fill out our contact form online or reach out via phone to discuss your issues with a Twin Falls property division lawyer.
