Property Division

Protecting Your Fair Share of the Assets

Dividing Marital Property in Your Florida Divorce

Property division is often the most contentious subject in divorce. When emotions or the need to "get even" drive the proceedings, it is easy to get drawn into a legal battle that only drains resources and drags out the process. At the Law Offices of Karlan & Associates, P.A., in Miami, Florida, we are committed to resolving conflicts over marital assets without sacrificing your rightful share.

Free 30 minute in office consultation by appointment   305.914.5677

Community Property vs. Separate Property

Florida is one of many states recognizing community property division.

• Community property describes all assets (and debts) that were jointly acquired during marriage. Each spouse is seen as contributing equally, regardless of individual income, so community property is divided evenly. This means that each spouse receives one-half of these assets, which can include money, real estate, retirement plans, furniture, automobiles, and possessions.
• Separate property is property that belongs to one spouse and is not subject to division in divorce. This includes property that a spouse brought to the marriage (a house, a business, pension funds) or assets or debts acquired in the name of one spouse during the marriage (an inheritance, personal injury award, or education loans).

Experienced Property Division Attorneys

The legal characterization of assets becomes complicated when assets are co-mingled during marriage. For example, one spouse provides a down payment for a house before marriage, but both contribute to the monthly mortgage. The accrued equity in the home is divided, but is the down payment separate property? How about a business that thrived, or the growth of retirement investments during marriage? Our divorce lawyers have extensive experience in these complex marital property division issues, and we will fight to ensure you receive your share.

We are also skilled at determining the value of assets (closely held businesses, retirement funds) and negotiating creative agreements, such as tradeoffs allowing one spouse to keep the marital home.

Protect Your Property Division Rights

Make sure you receive what you are entitled to under the law. Consult an experienced divorce attorney who can safeguard your interests while keeping the process going and avoiding expensive litigation.

Contact our Miami office at 305.914.5677 for experienced, compassionate, and discreet representation. In your free consultation, we will explain the process, discuss your options, and estimate your costs