Guidance In The Division Of Real Estate In Divorce
Dividing real estate in a divorce can be both emotional and complex. Real estate properties may include your family home, investment property, vacation home and more.
Our attorneys at The Law Offices of Conti, Levy, Salerno & Antonio, LLC, understand how contested property division in a divorce proceeding can be, especially concerning multiple real estate properties or those with sentimental value. We will diligently advocate on your behalf to protect your interests, either in or out of the courtroom.
The Difference Between Marital And Non-Marital Property
Connecticut is an equitable division state. This means that all marital property are divided according to what is fair and equitable. Marital property includes any property, assets or liabilities purchased or acquired throughout the marriage. Non-marital property includes anything owned prior to or after the marriage, inherited by one spouse or given specifically to one spouse.
How Is Real Estate Divided In A Divorce?
Several factors are considered when deciding how to divide real estate, including:
- For the marital home, whether the couple has children and if so, which parent retains primary custody
- Whether one spouse owned the property prior to marriage and the other spouse was never added to the deed
- Whether the spouse’s name was added to the deed during the marriage
- Whether one spouse made a significant contribution to the property, such as paying mortgage payments or a significant improvement
- Whether marital property was used to pay for the mortgage or repairs
- The increase in the property’s value during the marriage
The court will take your unique situation into consideration when deliberating how or whether the property should be divided.
Coming To A Resolution
You and your spouse may come to an agreement on dividing your real estate privately. However, as real estate properties are likely some of your most significant assets, a judge can rule when the decision becomes too difficult to make outside of court.
Our attorneys have over three decades of experience and a background in alternative dispute resolution techniques such as collaborative law and mediation, in addition to litigation. We are prepared to protect your interests no matter the direction the case takes to help you move forward productively.
Consult With A Skilled Divorce Attorney
Real estate division in a divorce is often a contentious topic, with much at stake and much to consider. Our experienced lawyers can bring a knowledgeable perspective to the matter. Schedule a free initial consultation at our Torrington office by calling us at 860-866-4637 or by contacting us online.