Property Division: Property Owned Prior to the Marriage

It’s natural to be concerned about the division of property when you’re going through a divorce. All of the joint marital property has to be split between the two spouses. But many people are unsure what, exactly, counts as marital property. They wonder if any property they had when they got married counts as joint property, or if it is only property purchased during the marriage.

If you’re getting a divorce and you have any questions or concerns about how this will affect your property, contact the West Palm Beach divorce attorneys of Eric N. Klein & Associates, P.A. today by calling 561-353-2800.

When Is Property Joint?

In general, any property you own individually is likely to become joint property following a marriage. For example, you own a car, which you make payments on. Payments made on the car during a marriage are considered made by the married couple, thus making the car joint property. It is very difficult to prevent property from becoming jointly owned.

Prenuptial and Postnuptials

There are two common ways to determine which property will go where in the event of a divorce:

• The prenuptial agreement, and
• The postnuptial agreement

A prenuptial agreement is a document drafted prior to a marriage which details how property will be divided and how much will be paid in alimony, among other things. A prenuptial agreement allows you a degree of control in establishing what property will go where during a divorce.

A postnuptial agreement is a similar arrangement, only one which is entered into following the marriage. In general, these may be less likely to be legally binding, although they offer a larger measure of protection than no agreement at all.

Contact Us

If you’re going through a divorce and you’re concerned about who owns your marital property, contact the West Palm Beach divorce lawyer, Eric N. Klein, today by calling 561-353-2800.