Common Mistakes to Avoid During Property Division

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By Jeana Harris

Updated: Nov 28, 2024

8 min read

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    According to a study by the American Academy of Matrimonial Lawyers (AAML), the number of prenuptial agreements has grown by 62% in the last ten years. A lot of agreements involve how a property will be split if the couple gets divorced.

    Many legal and financial decisions involve property division, especially during divorce. The process is complicated and often results in financial hardship or prolonged disputes. A property division attorney near you can help people in similar situations. These lawyers can help you resolve disputes, comply with agreements, and protect your property rights. 

    Here are the most common property division mistakes and tips on how to avoid them.

    Lack of Documentation

    Asset division requires all necessary documents. Collect paperwork on real estate, vehicles, bank accounts, retirement funds, investments, and other valuable assets. This includes deeds, titles, loan documents, account statements, and other ownership or value proof. Doing this will streamline the property division process and guarantee transparency and fairness. 

    In case of missing documents, you should try to find them quickly. To avoid lost documents, all paperwork should have a copy ready and stored securely. Keep in mind that undocumented disputes can cause delays and complications

    Ignoring Tax Implications

    Always think of tax implications when dividing property. Ignoring property division taxes can cause major financial problems. The current value of property and potential tax liabilities must be reviewed when dividing assets.

    For instance, capital gains taxes on property sales may lower its value. If you don't account for these taxes, you may get less property.

    Do not forget that investments, real estate, and retirement accounts are taxed differently. Understanding these implications helps you divide property wisely and avoid unexpected tax bills.

    Emotional Decision Making

    Emotional divorces can lead to irrational decisions. Clear thinking and fair distribution are key to properly dividing property.

    If you want to avoid making rash decisions during a property division, an attorney from https://www.theroachlawfirm.com/ suggests consulting a mediator or lawyer to avoid emotional decisions. They can offer impartial advice and help you think clearly about property division. A fair and reasonable settlement may require setting aside strong emotions and focusing on asset division.

    Not Considering Future Needs

    Unfair outcomes and financial struggles can result from ignoring future needs.

    Carefully think of post-divorce career changes, health issues, and childcare. For instance, the property division plan should account for tuition or a reduced income if one spouse plans to return to school.

    Ignoring these future needs may unfairly burden or disadvantage one party after the divorce. Both parties can achieve financial stability by anticipating and incorporating future needs into the property division process. 

    Disregarding Hidden Assets

    Both parties must be transparent and properly disclose all of their assets including those that are previously undisclosed. 

    For example, offshore accounts and valuable collections are often overlooked during division. Missing these hidden assets will significantly affect the fairness of the settlement. A financial advisor will help reveal undisclosed assets and guarantee fair settlement for both parties. 

    Conclusion

    Avoid the common mistakes mentioned above to properly facilitate the property division between you and your spouse. Carefully plan ahead using the guidelines in this article to avoid potential risk in your finances.

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