Once you decide to divorce, one of the decision points is whether to agree on how to divide your stuff. I’ve seen divorce mediations fail over who got popcorn machine. If you can’t agree, the trial court decides for you. I promise, the Judge does not have the same emotional attachment to your stuff that you have.

In many cases, the marital residence is the single most valuable asset of the marriage. I regularly speak with people who have the idea that, just because they paid the mortgage, or made the down payment, etc., that the house should be all theirs. If your soon-to-be ex-spouse contributed in any way to the home, or you used money you earned while married to make payments on, maintain, or improve the marital residence, guess what? Your home is subject to “Equitable Division.”

“Equitable” does not mean “Equal” in this setting. When making the divisions, the trial court should consider several factors, including the length of the marriage, the age and health of you and your estranged spouse, your future employment prospects, custom of living, and the source, value and type of property involved. The trial court may also consider the conduct of the parties during the marriage and whether that conduct lead to the breakdown of the marriage.

If you have questions about the process, or want to know more about how equitable division works, give me a call at 251-445-0891, or email me at ron@mcbaylaw.com.

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