Divorce can be a stressful and emotional time, and property disputes are one of the most common issues that arise during the process. When a couple decides to split, they must divide their assets and liabilities, including property. However, dividing property in a fair and equitable manner is not always a straightforward process. In this post, we'll discuss some common property disputes that arise in divorce cases and provide guidance on how to resolve them.
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Ownership Disputes: One of the most common property disputes in a divorce case is ownership. This typically arises when one spouse claims ownership of a property that the other spouse disputes. To resolve this issue, it is essential to examine the legal ownership of the property. A skilled family lawyer can review the evidence and help to determine the rightful owner.
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Valuation Disputes: Another common property dispute is over the value of assets. Both parties may have different ideas about the value of the property, and this can create problems when trying to divide it. In such cases, it is advisable to get an independent appraisal to establish the value of the asset. This can be done by a neutral third party or by each spouse's appraiser, and then an average of the two values can be used for the settlement.
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Debts and Liabilities: In addition to property, couples must also divide their debts and liabilities. This can be a complex process, as debts can often be intertwined with property ownership. It is important to consider each debt separately and to determine who is responsible for it. In some cases, it may be necessary to involve a financial expert or accountant to help resolve the dispute.
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Hidden Assets: Unfortunately, in some cases, one spouse may try to conceal assets or income to avoid splitting them with the other spouse. This can make it difficult to determine the fair value of the property and can create significant conflicts. To avoid this issue, it is essential to work with a skilled family lawyer who can help to uncover any hidden assets or income and ensure that all property is divided fairly.
In conclusion, navigating property disputes in matrimonial and family law cases can be a challenging process, but it is essential to ensure that both parties receive a fair settlement. By working with an experienced family lawyer, couples can resolve these disputes and move on with their lives. If you are facing a property dispute, contact SK Jain & Associates to schedule a consultation with one of our experienced family law attorneys.