Victoria S. Linder Law Office
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Judge splits property not spouses

Some couples can go through a divorce amicably without battling over who gets what or who owes what. While this is not always the case, it does happen. Part of divorce is dividing assets and property between the two of you. Whether you have a lot or a little to divide, many spouses think that when you agree on it and assume ownership of it that it's yours. Well, it's not. Only the judge can assign ownership of property, and until they do, the property that you assume is yours actually still belongs to you and your spouse.

This is the rule in every state and how the division of property is done. Even if you and your spouse have been separated and are no longer living together, all your marital property remains marital property until a judge says it's not. So how does this impact you during your divorce? Hopefully, any change to the division of property ordered by the judge is agreed upon by you and your soon-to-be ex. However, sometimes in cases where the judge feels one spouse has an unfair advantage over the other, or children are to remain with one spouse, property may be awarded differently.

Before a judge agrees to a division of property and signs off on it, it is important to keep in mind that your belongings still belong to the two of you. If you transfer ownership, sell it or throw it away, your spouse may demand payment or replacement of the item.

Although anything can become an issue during divorce proceedings, you can best protect yourself and your rights by seeking the counsel of a trusted divorce attorney. With their help, you can plan for and request a division of property that may have a higher likelihood of getting the judges approval.

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Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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