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Property Division

Family LawDivorce / Property Division

Roberta Roberts is experienced in dealing with divorces where there are significant assets and/or businesses at stake. She understands complicated legal issues involving division of assets i.e., inherited property vs. separate property or non marital property and high asset valuation and division.

Roberts & Kelly, LLP can provide creative solutions and aggressive courtroom advocacy when litigating how to divide the marital assets such as:

  • Value and disposition of the marital home
  • Second home or investment real estate
  • Retirement Accounts
  • Stocks and IRAs
  • Vehicles and Valuables
  • Household Goods and Furnishings
  • Businesses
  • Gifts and Inheritance

The laws delineate that a spouse is entitled to the equitable portion of the marital assets. Roberta Roberts is willing to diligently work toward ensuring the value of the marital assets is calculated correctly and divided equitably.

Marital Property v. Non-Marital Property

Determining if property is marital or non-marital can be an extensive process. If the property is determined by the Court to be marital property, it must be divided equally.

What are some examples of non-marital property?

  • Property a spouse had prior to the marriage
  • Property acquired after a Judgment or Legal Separation
  • Property acquired by gift or decent (or inheritance)
  • Property excluded by agreement of the parties

Sometimes when assets are co-mingled, it becomes nearly impossible to determine what is separate and marital property. Roberta Roberts has the capability to understand the process necessary to trace the property.