If you are facing a divorce, one of the primary concerns involved (and often one of the most contentious) is the division of your marital property. In the State of Missouri, this division must be equitable, which means fair rather than necessarily equal. If you are facing a property division concern, it is time to consult with an experienced Missouri divorce attorney.
Your Marital Property
The property that you and your spouse acquired while married is generally considered marital property. Two exceptions include:
- That property that either of you received as a gift in your name only
- That property that either of you inherited in your name only
Gifts and Inheritances will generally remain non-marital property upon divorce but may also be considered marital depending on how the property was handled during the marriage. Comingling of funds is one way in which non-marital property may become marital.
Dividing your marital property equitably involves considering facts related to your marriage (and possibly divorce) into consideration in determining how these assets will be distributed between you.
Turn to an Experienced Missouri Divorce Attorney for the Legal Guidance You Need
The experienced divorce attorneys at Aramjoo Law Firm – proudly serving the Kansas City area – are well versed in the intricacies of property division and are committed to skillfully advocating for an equitable division that upholds your legal rights. For more information, please contact or call us at 816-720-7750 today.
Property Division FAQ
What factors go into consideration in the division of marital property?
Several basic issues can factor into this determination, but a primary concern is how each spouse is faring financially on his or her own (outside of this division).
How much discretion does the court have?
The court has considerable discretion regarding the division of marital property in Missouri and can take whatever factors it deems relevant into account.
Will our behavior during the divorce play a role?
If you can demonstrate that your spouse squandered, spent down, gave away, or otherwise disappeared assets (or attempted to) during the course of your divorce (or prior to filing for divorce), the court can take this into consideration in the division of your marital property.