Division of Marital Property

Division of Marital Property Divorce Attorney

When going through a divorce, working with an experienced attorney who will identify and support your rights and options can make decisions work in your best interests when you may not be clearly focused on the situation. Contact our firm today to schedule a consultation and case evaluation with an experienced family law attorney.

During a divorce, one of the most important issues they have to deal with is the division of property. At The Juskewitch Law Firm, we have extensive experience helping people throughout the Ellsworth, Hancock and Washington Counties and across Maine.

Steve Juskewitch has practiced in courts throughout Maine and has a long track record of success winning successful results in complex and high-asset division of property disputes.

If you have questions about property division in Maine call us today for a consultation. We can help you prepare for a stable and prosperous post-divorce future.

We help people from Ellsworth, Maine, and surrounding areas with complex property division issues.

We help people primarily in Ellsworth, Maine and throughout the State of Maine with complex property division issues.

If a couple has little or no marital property, no children and no disagreement on spousal maintenance/alimony, their divorce can go very quickly. However most couples, have many issues to work out during the divorce process. They may involve children or significant marital property; such as, personal property, real estate, large debts, family trusts, real estate, property in other states, a family business, joint & separate accounts, investments, insurance policies, pensions and other assets. In any divorce involving complex property matters, an experienced family law attorney like Steven Juskewitch is the right choice

Non-Community Property States

Most states are non-community property states. This means that the courts must make an equitable division of property during divorce proceedings. This means generally the division of marital property in a fair and just manner according to the specific circumstances of the divorce or dissolution of marriage. Equitable may not always mean equal.

If one spouse obtains property in a community property state, generally the other spouse automatically gains a half-interest in it. In non-community property states, the other spouse only has an interest in the property upon filing for divorce or upon the death of the other spouse.

Courts in non-community property jurisdictions consider numerous factors in allocating property, the courts often agree on a few basic, non-financial factors that are appropriate to consider.

Prenuptial agreements can help define the outcome of property distribution decisions.

Marital Property

Property required to be allocated upon divorce is usually property that was acquired during the marriage, thus deemed marital property. In most cases, property acquired before the marriage, property acquired after the divorce and gifts or inheritances received by one spouse during the marriage are not considered marital property.

In that case, the court decides which property is marital property, the court will then determine the value of the property. Then, it divides the property between the spouses. If the spouse are able to agree on the division of property and other matters, this will have a big influence on the court's decision process.

Certain property often creates controversy during divorce.

  • The primary residential property
  • Pensions.
  • Family-Owned Businesses.

Couples may have a difficult time reaching an agreement about how to divide their property, the rules in each state can vary significantly and because the final division of property depends on how complex of your assets and liabilities are, it is important to consult with an experienced family law attorney like Steve Juskewitch in Ellsworth, Maine, for assistance.

This site should not be construed as legal advice. Please call Steve Juskewitch today for real legal advice and assistance 207-667-0483.