Non Community Property

Non-Community Property

If you are considering divorce, you will need to know your rights and options so you can make decisions that are in your best interests. Contact Steve Juskewitch today to schedule a consultation and case evaluation with an experienced Maine family law attorney. During a divorce, the issues of property division can be difficult to handle. At The Juskewitch Law Firm, our experience with helping people throughout Hancock and Washington Counties with property division issues can be a big relief.

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

What is marital property?

Under Maine law, the term "marital property" means all of the property you acquire after you get married except:

  • property you acquire as a gift or inheritance
  • property you acquire in exchange for property you acquired before the marriage or in exchange for property acquired by gift, bequest, or inheritance
  • property you acquire after being legally separated
  • property that you and your spouse legally agree is not marital property, and
  • the increase in value of any nonmarital property.

How does Maine divide property in a divorce?

When a couple gets divorced in Maine the court divides the couple’s property. To do this, it figures out what property belongs to each spouse individually and what property is marital property. Each spouse gets his or her own individually owned property and the court divides of the marital property between the two spouses. To make a just division of marital property the court considers these three factors:

  • the contribution that each spouse made to the acquisition of the marital property, including contributions a spouse made as a homemaker
  • how much individual property each spouse owns, and
  • the economic circumstances of each spouse, including whether a spouse with custody of the children should get the house, or at least have access to the house.