Twin Falls Property Division Lawyer
Defining Separate Property & Marital Property
In the state of Idaho, property can be one of two types of property: separate property or community property. Title 32, Chapter 9 of the Idaho Statutes provides specific laws and definitions regarding how property is to be classified. Idaho Statute § 32-903 states that any property is the sole property of either the husband or the wife if it was:
- Owned by the one party before marriage
- Acquired afterward by gift, bequest, devise, or descent
- Acquired with the proceeds of his or her separate property by way of moneys or other property.
Sole property may not be divided or awarded to the other spouse in a divorce. Community property, on the other hand, is subject to property division. Idaho Statute § 32-906 states that all other property acquired after marriage by either the husband or wife is community property. In a divorce, community property is to be divided equally between the two spouses, but the concept of "equal" can be highly disputed. You need an experienced and aggressive Twin Falls lawyer by your side if you want to receive your fair share of marital property in a divorce.
Learn More from a Divorce Attorney in Twin Falls
Don't take chances when it comes to your assets and property. You should not have to lose what is rightfully yours when you and your spouse dissolve your marriage. Roy, Nielson, Platts & McGee has experience handling complex family law cases and litigation. Our legal team is more than capable of protecting what is yours. We have more than 85 years of combined experience and have two lawyers on our team who are Rated AV Preeminent® with Martindale-Hubbell®.
Contact us as soon as possible to learn how we can fight for fair property division in your divorce.