Miami Marital Property Valuation & Division Attorneys
Achieve an Equitable Settlement with Help from Leinoff & Lemos
Getting through a divorce can be difficult, and it is even more complicated when there are significant assets or complex marital and non-marital properties and liabilities to navigate. With so much on the line, it is important to ensure you have an experienced family law attorney who can help guide you in determining how these assets and liabilities should be divided. Our Miami marital and non-marital property valuation and division attorneys understand the delicate nature of this situation, and we are ready to use our deep knowledge of Florida equitable distribution laws to provide you with personalized legal representation.
Leinoff & Lemos has a team of experienced attorneys who have handled cases involving a wide range of assets, including businesses, real estate, investments, intellectual property and other valuable property. We understand the unique challenges of these types of cases, and we are committed to helping our clients resolve their disputes in a timely and cost-effective manner.
To work with a client-focused law firm with experience handling high-net-worth estate valuation and division, call Leinoff & Lemos at (305) 222-7442.
Understanding Separate/Non-Marital vs. Marital Property
Florida is a state that follows the concept of equitable distribution when it comes to dividing property during a divorce. This means that marital property is presumptively divided equally. But many people fail to understand there may be non-marital claims involved in their case which are not subject to equitable distribution. To understand how this works, it is important to differentiate between separate/non-marital and marital property. Separate/Non-Marital property refers to assets that a spouse acquired before the marriage, passive appreciation in pre-marital assets, inheritances, or gifts received during the marriage intended for only one spouse. Marital property includes assets and debts acquired during the marriage, with some exceptions.
Understanding the distinction between separate/non-marital and marital property is crucial when going through a divorce, as it can significantly impact the property division process. In Florida, the presumption is that all property acquired during the marriage is marital property unless proven otherwise. It is also important to note that even if an asset was pre-marital property, it could become classified as marital property during a divorce if it is commingled with marital property. This may happen, for example, under certain circumstances, if a spouse uses their inheritance to pay for an asset that is jointly titled.
How a Prenuptial or Postnuptial Agreement Can Affect Your Property Division Settlement
Entering into a prenuptial or postnuptial agreement can significantly impact how your property is divided in the event of a divorce. When a couple gets divorced, their assets are typically divided according to the laws of the state in which they reside. However, a prenuptial or postnuptial agreement may allow each spouse to clarify what property is considered separate and what property is joint, and how that property will be divided in the event of a divorce.
By establishing guidelines for property division in advance, a prenuptial or postnuptial agreement may also help to reduce the stress and uncertainty of a divorce or the death of a party during the marriage. It is important to remember that not all prenuptial and postnuptial agreements may not be enforceable in whole or in part. For this reason, it is essential to work with an experienced family law attorney to ensure that you maximize the enforceability of your agreement.
The Importance of Accurate Property Valuation
Having your marital property and liabilities correctly valued is crucial during a divorce, as it directly impacts the ultimate settlement. Inaccurate valuations may put you at a disadvantage and result in a disproportionate division of assets or liabilities. This is why it is essential to work with a law firm like Leinoff & Lemos, which has the necessary experience to assist you in securing an accurate valuation. We can help you identify the right professionals in the field, like experienced real estate appraisers, industry experts and others who can provide unbiased and reliable valuations.
With accurate valuations, you can better negotiate a fair settlement in your divorce and protect your interests. Access the resources and advice you need throughout the legal process by contacting our Miami property valuation and division attorneys. Our law firm is committed to providing every client with the reliable, informed representation that gives you peace of mind during such a stressful time.
We have experience handling multi-billion-dollar property valuation and division cases. Contact us online or call our office at (305) 222-7442.