Tampa, Florida

Property Rights

Property Rights in Florida

What Are Your Property Rights in a Divorce?

Divorce can involve a number of different legal matter, from child custody to spousal support. One of the most contentious issues that a divorcing couple can run into is property division. When a marriage comes to an end, both spouses can often disagree over how much of the property belongs to them. In order to help with this issue, Florida has put laws in place to guide property division. Under state laws, marital property (anything acquired during the marriage) must be divided equitably, which doesn’t necessarily mean equal. Equitable property division means each spouse will receive what is fair according to the court.

Some of the factors the court will look at to decide this equitable division include:

  • The length of the marriage
  • The vocational skills, earning capacity, and financial needs of each spouse
  • The value of each spouse’s “separate property”
  • The contributions each spouse made to the marital property

Need legal counsel for your property division? Call on our Tampa divorce lawyers at (813) 756-1871.

Marital Property vs. Separate Property

Assets that you acquired prior to marriage will likely be considered separate property, so long as they were not contributed to by the other spouse. For example, if you bought a house prior to meeting your spouse, but once married, you both invested in the development of the home, it would likely become marital property.

Marital property can include retirement benefits, vehicles, businesses, jewelry, real estate, and much more. Essentially any piece of property shared with your spouse, even if you earned it on your own, will become marital property. If you receive a gift or keep property exclusively outside of the marriage, it will likely be viewed as separate by the court and won’t have to be divided.

Why Trust Your Property Division Case to Us?

Wondering how a property division lawyer can assist with your case?

By retaining our law firm, you get the benefit of:

  • A firm led by board certified marital and family law experts
  • A firm voted to Tier 1 "Best Law Firms" by U.S. News
  • A firm with more than 135 years of collective experience

Don’t forget, you have legal rights to your property and deserve a fair division of your marital assets. The sooner you call our firm, the sooner you can become informed of your rights and legal options.

Call Our Tampa Divorce ATTORNEYS for Counsel

At Givens Givens Sparks, we understand how frustrating and challenging property division can be during a divorce. That is why our legal team works with you and the other party to reach a favorable resolution. If a collaborative agreement can’t be made, we are not afraid to stand up for your rights in court.

Whether you are fighting to protect your family heirlooms, hard earned assets, or growing small businesses, our Tampa divorce ATTORNEYS are ready to help. Set up a consultation with us today!

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