Whatever your family circumstance may be, everyone must go through a property division stage as part of the divorce process. And in Connecticut, family law courts will distribute your property on an equitable basis. This means that the court will divide your assets based on what they consider fair, taking into consideration various factors.
It is important that you know what Connecticut considers to be marital assets because they will need to be split during the property division process. Marital assets are anything acquired or earned during the marriage that was not already owned prior to the marriage or been made as an excluded property through a prenuptial agreement. For instance, if you and your spouse bought a home during the marriage, it is marital property. Often, courts will consider the following to be marital property:
- Retirement accounts
- Interest or other funds acquired through properties
- Real estate or personal property purchased during the marriage
- Business assets such as partnerships or sole proprietorships
You should note, also, that Connecticut is an all-property state. This means that, while marital property will certainly face division, all other types of property may also be subject to it. You may have owned lakefront property or a vehicle prior to the marriage, but that does not necessarily mean that those properties are inherently yours following the divorce.
How likely you are to retain property and assets after the divorce will depend on a few factors. For example, when Connecticut family courts facilitate the distribution, they will consider each spouse’s contributions to each property. If you and your spouse purchased real estate during the marriage, but your spouse did not contribute to maintaining the property, you may have a greater chance at obtaining the asset.
The court will even take this approach with pets. Who took them for walks? Who brought them to the vet? Ensure that you collect any records of your contributions or, at the very least, take time to make detailed notes of all your properties and your various contributions to them. This may help you and your attorney going forward.
If you are facing a divorce and you find yourself wondering whether you will obtain a marital asset, it may be too late. One way to avoid a judge dividing your assets is through out-of-court negotiations with your ex-spouse. Consider reaching out to a lawyer or an otherwise qualified professional for help regarding your next steps.
The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.
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