Property Division Tampa Florida Attorney
Hillsborough County Equitable Distribution Lawyer Serving the Tampa Area
Property division can be one of the most strongly contested issues in a divorce proceeding. Florida is an equitable distribution state, which means that all marital assets and debts should be divided equitably between the spouses. This does not always mean a 50/50 split, but instead means only that the division should be fair and equitable in the eyes of the court.
Spouses can negotiate and draft their own property division agreement or the court can divide the property for them. If the court divides the property, the order is binding. Whenever possible, spouses are strongly encouraged to reach a property division agreement on their own or through the collaborative process and mediation. At the Law Offices of Roberta Kohn, P.A., we know how difficult this process can be for people going through a divorce. We will fight to see that you receive an equitable settlement and work to protect your property.
From our offices in Wesley Chapel, Florida, we represent people throughout the Tampa Bay area. To discuss your property division concerns, contact our Tampa, Florida, lawyer.
Helping You Through a Complex Process
Before property division can begin, we must distinguish marital property from nonmarital, or separate property. Separate property is any asset or debt that you had prior to the marriage. In cases where couples have a prenuptial agreement or a separation agreement, hopefully the separate property would already be documented. General rules regarding property, however, include:
- Property inherited during the marriage may also be separate property, provided it has not been commingled with marital property.
- Property acquired after the marriage is considered marital property.
- Appreciation or the increase in value of separate property during the marriage may be considered marital property unless provisions are made otherwise in a prenuptial agreement or the property has clearly not been commingled with marital property.
Once we have determined marital versus separate property, we will then determine an appropriate value for each marital asset and debt and begin the process of division. If a value is not readily ascertainable, it may be necessary to hire appraisers or forensic accountants to determine the value of the property.
We have experience handling high-asset divorce cases involving the division of real property, businesses, retirement accounts and military pensions. Attorney Roberta Kohn has helped many clients resolve highly contested property division matters. In cases where an agreement cannot be reached, she will go to court and fight aggressively to protect your interests and work to obtain your best possible outcome.
Schedule Your Initial Consultation
Contact our office today to schedule an initial consultation about your property division questions. We serve clients throughout Hillsborough County, Pasco County and the greater Tampa Bay area. You can reach us by phone at 888-873-9909 or via email.