Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.

Understanding which assets to divide during a divorce

On Behalf of | Jan 23, 2024 | property division | 0 comments

Divorce can be a challenging and emotional process, and one of the important aspects is dividing assets.

When a marriage comes to an end, it is important to navigate the division of property fairly. There are several types of assets you must consider before deciding how to divide property.

Real estate

Couples commonly own real estate, such as the family home. Options for division may include selling the property and dividing the proceeds or one party keeping the home with an offset in other assets.

Financial accounts

Bank accounts, investment portfolios and retirement funds are part of the financial landscape in a marriage. You should consider each account’s balance and how it contributes to the overall financial picture.

Personal property

From furniture to electronics, personal property encompasses a wide range of items. It is advisable to create a detailed inventory and negotiate the division of these possessions to avoid conflicts.

Vehicles

Cars, motorcycles or any other vehicles owned by the couple are subject to division. The distribution of these assets may involve selling them and dividing the proceeds or one party keeping a vehicle with an offset in other assets.

Debts

Just as assets need dividing, you should also address any debts acquired during the marriage. This includes mortgages, credit card balances and loans. Creating a plan to allocate these debts is important to avoid financial strain on either party post-divorce.

Business interests

If either spouse owns a business or has a stake in one, determining how to handle this asset is important. Options may include selling the business and dividing the proceeds, one party buying out the other or continuing joint ownership with a clear agreement.

Intellectual property

Assets like patents, copyrights or trademarks are often overlooked but can have significant value. Ensuring the proper division or licensing of intellectual property is important to safeguard the interests of both parties.

Navigating the division of assets during a divorce requires careful consideration and open communication. Working towards a fair and equitable distribution can contribute to a smoother transition for both individuals involved.

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Photo of Kenneth L. Gibson Jr.