St. Louis Property Division Lawyers

One of the most complicated aspects of divorce is the division of assets. If you live in Missouri and are facing a divorce, you’ll likely have to go through the equitable distribution process, meaning you and your spouse will most likely have to give up at least some of your property. This is why you need a team of skilled St. Louis property division lawyers in your corner who can effectively advocate for your interests. Contact the Stobie Family Law Group today so we can get started working on your case.

Property Division Lawyers in St. Louis, Missouri

Understandably, no one wants to give up their hard-earned assets in a divorce. However, without a prenuptial or postnuptial agreement in place, this will most likely be a reality. Our knowledgeable and dedicated St. Louis County divorce lawyers stand ready to safeguard your property and work toward the most positive outcome possible on your behalf.

What Are Marital and Separate Property?

In Missouri, property is generally classified into two categories during a divorce: marital property and separate property. Understanding the difference is crucial because it directly impacts how assets are divided.

Marital property includes most assets acquired by either spouse during the course of the marriage, regardless of whose name is on the title. This can include income, real estate, retirement accounts, and even debt. The presumption is that if something was acquired while you were married, it belongs to both of you.

Separate property, on the other hand, refers to assets that belong solely to one spouse. This typically includes property owned before the marriage, gifts, inheritances, or assets explicitly protected by a prenuptial or postnuptial agreement. However, in some cases, separate property can be converted to marital property if it’s mixed or co-mingled with marital assets, like using an inheritance to purchase a shared home.

Identifying what is considered marital or separate property can be a complex process. That’s why having a skilled attorney who understands Missouri’s property laws is essential in ensuring your rights are protected.

How is Marital Property Divided in a Divorce in Missouri?

Missouri follows the principle of equitable distribution when dividing marital property, meaning the division should be fair, but not necessarily equal. Several factors are considered in determining how assets are divided, including:

• The economic circumstances of each spouse at the time of the divorce.
• The contributions of each spouse to the acquisition of marital property, including non-financial contributions like homemaking and childcare.
• The value of non-marital property each spouse possesses.
• The conduct of the spouses during the marriage, which may include any evidence of financial misconduct, such as wasting or hiding assets.
• The custodial arrangements for minor children, as the spouse with primary custody may be awarded the marital home for the sake of stability.
• The duration of the marriage and the time and resources invested in shared property or financial accounts.

Because there’s no formula for splitting marital assets, it’s important to have an experienced legal advocate ensuring your financial interests are fairly represented.

How Can I Protect My Assets from a Divorce?

One of the most effective ways to protect your assets in the event of a divorce is through a prenuptial agreement or a postnuptial agreement.

A prenuptial agreement is created before marriage and outlines how property and assets will be divided if the marriage ends in divorce. This contract can also specify what will be considered separate or marital property, preventing confusion and conflict down the line.

A postnuptial agreement serves the same purpose but is created after marriage. It’s a useful tool for couples who may not have foreseen the need for such protection when they first got married but want to secure their financial future as the marriage evolves.

If you’re already facing a divorce without one of these agreements in place, it’s essential to seek legal representation immediately. An experienced divorce lawyer can help identify which assets may be protected under Missouri law and work toward ensuring you receive a fair distribution of marital property.

Contact Our Missouri Property Division Lawyers

Whether you require strong legal representation during a divorce or are looking to draft a comprehensive prenuptial or postnuptial agreement, our seasoned property division lawyers stand ready to help. Contact the Stobie Family Law Group today so we can begin building an effective strategy on your behalf.