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What issues could complicate property division?

On Behalf of | Jul 6, 2022 | Divorce

Dividing your assets during a divorce is often one of the most difficult tasks. It can become contentious and lead to a range of disagreements.

Yahoo explains there are a few specific things that can complicate the property division process.

Exempt property

When dividing property, you will have to identify each asset and debt as separate or marital property. Separate property would be anything you owned prior to the marriage. It also includes gifts and inheritances. You do not divide separate property in a divorce. However, there may be some issues over identifying these assets because of disagreement about ownership.


Comingling happens when you turn separate property into marital property or blur the lines between the ownership. For example, if you owned a house before your marriage but you live in the home without your spouse and use marital assets to maintain the home, then the court could say it is partially marital property.


During your marriage, you likely will not consider property ownership and how you would divide assets in a divorce. The issues only come up when the time comes to divide property. One of the best ways to ensure there will be no complications or issues that come up during a divorce is to create a premarital agreement. This will allow you to identify separate property and ensure it remains yours in the event of a divorce.

Property division is often a difficult part of a divorce. Unless you are willing to give everything you own to your spouse, you will have to deal with the process. Knowing what could make it more difficult can help you prepare beforehand.

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