Hopefully you and your spouse will be able to find an equitable solution when you begin to think about dividing up the Marital Property. Marital Property is a legal term used to define property that has been acquired by either party during the course of the marriage, with the exception of inherited property that has not been used for the benefit of the marriage.
If you are able to agree on an equitable decision, the Court will take a look at your agreement, checking it for its fairness and voluntariness; basically checking to see if it is an equitable decision and making sure that neither party was forced into taking the short straw of the decision.
A Family Court is also able to divide the amount of debt that a marriage might entail. The Court can in some cases, completely disregard who own's the actual legal title of the property. The judge will take many factors into consideration including a homemaker's contribution, the opportunities each spouse will have in the future to make income and assets; the length of the marriage, and also such things as the physical well being of each partner.
The most important thing to remember when thinking about dividing up the property of a marriage is that legal standards vary widely from state to state, making it imperative to learn about the laws in your home state. Seek out the proper legal representation so that you can get all of what you deserve.
It is important that you are able to seek legal advice immediately. Time is of the essence. The time it takes you to file your claim may determine the validity of your legal case, so please act now?
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