Decatur Family Law and Probate Attorney

What are common division of property missteps to avoid?

On Behalf of | Oct 15, 2024 | Divorce

When a marriage ends, the last thing you want to think about is the messy business of dividing up the things you accumulated together. However, ignoring or not taking the process seriously can lead to costly mistakes, bitter disputes and a more painful divorce.

In this blog, we’ll explore the most common missteps people make when dividing property and how you can avoid them. After reading, you’ll be better equipped to undergo the property division process.

What are crucial pitfalls to avoid?

Dividing property and assets with your former spouse can be an emotional process. However, staying focused is essential to avoid common mistakes that can lead to unfair outcomes or prolonged disputes. These are four examples of these pitfalls:

  1. Appraising asset value without professional help:  Attempting to determine the value of your property without professional help can lead to undervaluation or overvaluation. Professional appraisals are crucial for an accurate and fair division of property.
  2. Ignoring tax implications: Overlooking tax implications can lead to unexpected financial burdens later on. To avoid this mistake, consult with a divorce attorney who understands tax consequences or works with trusted accountants.
  3. Believing that a 50/50 split is always fair: Don’t assume that dividing everything equally is always the right thing to do. When deciding how to split up property, courts look at many things, like how much money each person can make, their health and even whose fault it was that the marriage ended.
  4. Forgetting debts: Failing to address and split debts accurately can result in one party unfairly receiving a heavier debt burden. Both parties must ensure to disclose all debts in the property division process to avoid this mistake.

Letting emotions lead the way can result in poor choices, such as fighting over assets with little monetary value. Staying objective and focusing on your long-term financial health is crucial to avoid making costly mistakes.

Getting through the divorce process

Remember, property division is a critical step in your divorce journey. It’s not only about splitting assets but also about protecting your future. If you need clarification on any aspect of the process, consider consulting a qualified attorney who can help shed light on the complexities of dividing property.