What factors can show equal property division is unfair?

On Behalf of | Apr 5, 2019 | Property Division

Divorce is difficult for any Indiana couple. There are many considerations that must be weighed when ending a marriage. Property division can be a source of significant dispute regardless of the couple’s financial situation. Those who are well-off and people who are of lesser means can disagree about who is entitled to various properties. There are laws in place that dictate how property is split during a divorce. In general, the courts will seek equal division of marital property.

It is not automatic that the courts will agree to the concept of equal division. There are circumstances in which that will be considered unfair and this can result in the court deciding not to divide the property equally. The presumption of equal property distribution is rebuttable. Understanding the law is key when seeking to rebut it and having legal advice is similarly important. There are several factors that impact whether the court decides that equal division of marital property is unjust.

The court can consider the spouses’ contribution to the property being acquired independent of the contribution producing income. With the property, it can gauge the extent of how and when it was acquired – prior to the marriage or if it was acquired as a gift or inheritance. Also important is the economic situation of the spouses when the disposition will go into effect. That can include how the family residence is awarded and who has the right to reside there with child custody a consideration. The parties’ conduct during the marriage will be factored in. Finally, the earnings and the ability to earn with the final property division and a final decision on the property rights serving as critical factors.

There are many reasons why a couple might not want equal property division when they get a divorce. To make sure that they do everything possible to get or retain what they believe they are entitled to, it is beneficial to have legal help. A law firm that specializes in family law, divorce and property division should be called immediately to handle the case.

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