Indianapolis Property Division Lawyers
The division of marital property is one of the most important steps in the divorce process. Along with child custody, it can also be a source of great contention between the parties. Difficult questions arise regarding the identification of the property, its valuation and how it should be distributed.
At Ruppert & Schaefer, P.C., we are experienced family law practitioners who can help you analyze what share of the marital property you may be entitled to receive.
Call our firm at 317-660-8150 to schedule an appointment.
Property Division Basics
Under Indiana law, the presumption is that, barring the existence of a valid prenuptial agreement, all marital property will be divided 50/50, or equally between the parties. While a property settlement may be reached on those terms, it may also be appropriate to award more to one party in certain circumstances. An attorney at Ruppert & Schaefer, P.C., can discuss with you the likelihood of an unequal property distribution for your case.
We have extensive experience in property division matters involving marital estates of all sizes. Our lawyers understand how to identify marital property, value marital assets and argue persuasively and forcefully to help achieve our clients’ objectives.
Complex Property Division Cases
At Ruppert & Schaefer, P.C., we have successfully represented clients in numerous complex property division cases, such as those involving large marital assets, complex financial structures and family-owned businesses. We understand how to analyze and value marital assets such as real property, pension plans, and other assets. When needed, we can call upon experienced forensic accountants and financial analysts to support our clients’ claims.
The divorce process is about the future. To place yourself in a position to face that future in a financially secure position, you need to make sure that you retain your rightful portion of marital assets. We will work to ensure that your assets and rights are protected.
Additional information on the topic of property division appears in our article, “A Lawyer’s Eye View of Asset Division in Divorce.”
Question 1: What if I own a business? Will my non-owner spouse receive one-half of my business?
Answer 1: All assets and debts associated with ownership in a business, whether as a sole proprietor or as a shareholder, are considered part of the marital estate. Just because the value of these assets are included in the estate does not mean that a former spouse will obtain an ownership interest in the business entity. In most circumstances the goal would be for the spouse who owns the business to retain full ownership interest in the business. Other assets would need to be allocated to the non-owner spouse in order to equitably distribute the assets of the marriage, taking into consideration what the business owner spouse will receive via the business assets.
Question 2: Can my spouse really be awarded more than 50% of our assets?
Answer 2: Yes, in Indiana it is possible, under certain circumstances, for one spouse to receive greater than 50% of the marital assets. There are certain statutory considerations that will determine whether an award of more than 50% is appropriate. A few of those considerations are whether one spouse had premarital assets, whether one spouse received an inheritance, or whether one spouse stayed home to raise children. None of these factors will automatically result in a larger division to one spouse. You should always discuss the facts of your case with an attorney to ascertain the likelihood of an unequal division in your case.