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Many misconceptions exist about property division in terms of how it is handled and what is subject to division. At Harper, Evans, Hilbrenner & Netemeyer, we will take care to make certain you understand what your rights are and what is at stake when dividing property during a divorce. You will benefit from the more than 100 years of combined experience our attorneys bring to family law cases.
The terms "marital property" and "nonmarital property" are defined by Missouri statute. Generally speaking, "marital property" is that which is acquired during the course of the marriage, and "nonmarital property" is that which is acquired prior to the marriage, or by inheritance, or as a gift during the marriage. While the task of characterizing property in a divorce as either marital or nonmarital may seem simple, it can be fairly complex.
Our skilled Missouri divorce and family lawyers know how to look beyond the surface to ensure that your assets are properly characterized. Accomplishing this task with attention to detail will ensure that all marital interests are uncovered, and that all separate property is protected.
Generally speaking, the process of dividing the estate begins with the identification of all marital and separate property. From there, our divorce attorneys will review your estate asset by asset to ensure that the value of each item is properly calculated. Next, the process of allocating the assets between the spouses commences. In most cases, a generally equal division of the assets is the starting point. From there, certain factors must be taken into consideration to determine whether a less balanced division is more appropriate.
For example, gross marital misconduct or a significantly disproportionate contribution to the marital estate may sway the ratio of division away from approximately equal. Our experience and knowledge will ensure that you understand all of the variables at play in dividing your marital estate.
Aside from the question of the percentage of the marital estate to be awarded to each spouse, the method by which that is to be accomplished must also be settled. Knowing all of the options will be key to a successful outcome.
Our attorneys will take the time to advise you regarding the details of property division: Is it in your best interest to retain the marital home? Is it appropriate to seek to retain income-producing property? Should you request a portion of your spouse's pension or is it more advantageous to present-value that asset? What potential arrangements can be made to address marital debts to best protect your credit? No matter what the concern, we take great care to devise a strategy that makes sense based on your needs.
To schedule a consultation about property division, call us at or or send us an email. We are happy to meet at your convenience.
At Harper, Evans, Hilbrenner & Netemeyer, you will find attorneys with more than 100 years of combined experience handling family law matters for people in Columbia and throughout central Missouri. We are passionate about using our experience to help you achieve your goals during this difficult time in your life.
A paralegal will collect some basic information, including your availability, and call you back to schedule a meeting after checking our attorney’s schedules. Call 573-442-1660 today.
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Our law firm’s location in downtown Columbia gives our attorneys convenient access to the Boone County Courthouse and City of Columbia Municipal Court.
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