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.

Our Clients Mean Everything to Us

Read Stories Directly From People We've Helped
    "Experience is priceless"
    Jack and Eka were very professional in handling my case. I would definitely recommend them to others and use them again. Jack has 50 years experience!
    - Michele
    "I've worked with Jack on two separate occasions and both times I felt that he not only had my best interest in mind but was going to bat on my behalf. "
    I would highly recommend setting up a consultation with Jack regarding your legal matters as he certainly goes above and beyond for his clients.
    - Matt
    "Two things define you. Your patience when you have nothing, and your attitude when you have everything."
    My experience with Mr. Cavanagh was very pleasant. I was kept informed about what was going on with my case. Phone calls were returned promptly and everything was explained to me. Knowledgeable, personable and fair - can't ask for much more than that. He was on my side. One more thing.... he's not a pushover when it comes to the opponent! Love it!
    - Terri Buckner
    "Jack did a great job representing me"

    Jack did a great job representing me while dealing with a high conflict ex. He was able to tell me what to expect and what was worth fighting for and did it in a way that made it easy to accept.

    - Dustin G.
    "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
    - Demetric L.
    "Would recommend"
    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.
    - Patrick S.
    "Great Team! Highly Recommended."
    I worked with Jack and Eka recently and must say they exceeded my expectations. Great communication and compassion for what you’re dealing with. I wouldn’t hesitate to go back to them for any of my legal matters.
    - Donald Salisbury
    "I would recommend Mr. Cavanagh as well as use him again in the future."
    Mr. Cavanagh was very patient in dealing with all of the difficulties of my case. He was pleasant to work with to get the child support and custody worked out in a way that was fair. He showed real concern for the welfare of my son. He was professional in guiding me with regards to counseling and getting my sons voice heard throughout the case as well. Lastly he was thorough in that he went through the original divorce decree and made sure I received what I should have gotten during the divorce. I would recommend Mr. Cavanagh as well as use him again in the future.
    - Former Client