Division of Property

St. Louis Property Division Lawyer

Division of Property in a St. Charles or Chesterfield Divorce

During your marriage, you worked hard to accumulate property, assets, and personal belongings. Now that you are divorcing, those assets and debts that you acquired will need to be divided. Before discussing property division with a spouse, it is important to understand the difference between marital and non-marital property, your assets and their values, debts, and tax considerations.

You only have one chance to get a desirable property settlement. At Cavanagh & Associates, you can be sure that your rights and financial future will be protected to the fullest extent of the law. Our founder, St. Louis lawyer Jack Cavanagh, has handled over 100 trials to judge and jury. He has more than 50 years of legal experience, and he applies this considerable experience to his clients’ cases. If you are concerned about the division of property in your divorce, your interests are best represented by a firm with the experience and resources ours has to offer.

To learn more about your family law case, call (314) 309-2799. We can arrange a consultation regarding property division and your St. Louis, St. Charles, or Chesterfield divorce.

Marital vs. Non-Marital Property

In a divorce, if an agreement on property division can be reached by the spouses, the agreement is often approved by the court. When a couple is unable to agree on their own, the courts will divide the marital property only. One of the greatest challenges of property division in a divorce comes from the determination of marital and non-marital property, and this is one area where your St. Louis attorney can make a significant impact. By properly presenting your case in regard to personal property, real estate, bank accounts, investments, and other assets, your attorney can protect your financial stability.

Depending on the specific circumstances, the following may apply to the determination of marital versus non-marital property in a Missouri divorce:

  • Marital property is generally defined as any property acquired by either spouse during the marriage. Some exceptions may apply for gifted property or property excluded by a prenuptial agreement.
  • Non-marital property includes those assets or items owned by an individual prior to the marriage.

Equitable Distribution of Marital Property

Missouri is an equitable distribution state. Equitable does not mean that property will be divided equally, but that it will be divided in a fair manner. First, the court will exclude any non-marital property for each spouse before dividing marital property and marital debt. Then, the court will divide marital property equitably among spouses.

The following governing factors may apply to equitable distribution:

  • Each spouse’s contribution to the marital property
  • The value of non-marital property owned by each spouse
  • Each spouse’s conduct during the marriage
  • The economic circumstances of each spouse

When Individual Assets Cannot Be Divided

If individual assets cannot be divided or split up, the judge will take into consideration the values of assets and the debts against them, and will often award assets of similar value to each party. The courts may also require that one spouse pay an amount to the other to balance the equities, or order than an asset be liquidated and divided between the spouses.

At Cavanagh & Associates, our St. Louis divorce attorneys can address the unique factors in your marital property division and protect your interests throughout your divorce process. Representing clients in St. Louis, St. Charles, Chesterfield, and the surrounding areas, we are prepared to protect your financial interests and to forward your wishes regarding property division.

Ready to schedule a consultation? Call (314) 309-2799.

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    "We won a battle like David against Goliath"
    Jack is great lawyer with lots of experience. I’m glad we I hired him to represent me. We won a battle like David against Goliath.
    - Rolles G.
    "The best there is in the Biz"
    Jack has been a lawyer for a long time. He values his clients and sees them as people with individual circumstances, and not just dollar bills like other attorneys. Anyone that knows anything about the law knows it’s about making and keeping good rapport with all parties involved. And for a defense attorney, being familiar with the judge to the prosecutor and being on a friendly basis with them is exceptionally important. And Jack knows everyone! He should as he’s been doing this for probably over 40 years. He’s not only a great attorney but I consider him a friend. Don’t make the mistake of choosing an unknown rookie attorney who may be a couple bucks cheaper. Choose Jack!
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    Jack resolved a case from 1500 miles away in a timely manner. Professional throughout the entire process, took the time to understand my needs as a client and fulfilled them without ever wavering in his commitment or price. Would recommend.
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    Attorney Cavanagh is a fantastic lawyer. His experience is unparalleled. He does an excellent job of keeping his clients informed, and he is an outstanding advocate in court. He is kind and patient, and genuinely cares about his clients. I am proud to know him, and grateful for his help!
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    "He has worked with me even though we are in different states to ensure I am kept abreast of what is going on."
    He has worked with me even though we are in different states to ensure I am kept abreast of what is going on.
    - Former Client
    "I was beyond satisfy"
    Mr. Jack Cavanagh was my attorney getting me removed from an child birth certificate that wasn’t my child. He made the process very easy and timely manner the communication was very good and I was beyond satisfy with the outcome and service Thank you Mr.Jack and Ms.English
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    "I was beyond satisfy"
    Mr. Jack Cavanagh was my attorney getting me removed from an child birth certificate that wasn’t my child. He made the process very easy and timely manner the communication was very good and I was beyond satisfy with the outcome and service Thank you Mr.Jack and Ms.English
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    "I highly recommend him"
    Jack took over my divorce case and made a seemingly endless divorce process (nearly 4 years with mediation, continuances and a former atty.) come to a quick and agreeable settlement. Jack is an effective and seasoned attorney that made easy work of the negotiations. He is respectful and concerned for his clients. His associates were friendly and helpful, ensuring that all paperwork was completed in a timely and accurate fashion. I highly recommend him if you are going through a difficult divorce.
    - Carol