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Marital Property Rights

Melbourne Marital Property Rights Attorneys Fight for Your Fair Share

Experience with high-asset marital estates benefits our Florida clients

Florida is an equitable distribution state, which means the court divides marital property in a way it views as fair, rather than splitting it evenly. While the courts do their best, they can only decide based on what’s presented to them. Tucker Mitnik, P.A. works to ensure the court receives a clear and complete picture of your finances. With more than 30 years of experience in hard-fought litigation, we know when an opposing party is not being forthcoming and the steps we must take to remedy that situation. Our experience in managing high-net-worth estates makes us more than qualified to shepherd our clients past the pitfalls of the complex process called equitable distribution.

Seasoned Melbourne divorce attorneys assert your rights to marital property

We safeguard your property rights throughout these distinct stages of equitable distribution:

  • Disclosure of assets and debt — Each spouse must report his/her financial situation, but what goes unreported can hurt you. Your spouse may not declare assets to which you also hold a right. Your spouse may also withhold information about debts in both your names. When your spouse defaults on that debt later, the collectors can come after you.
  • Assignment of assets and debt as separate or marital — There are many ways to win or lose at this stage. Your spouse may get marital property designated as separate, so you don’t get your share. Your spouse may get separate debt designated as marital, so you must pay a share. Your spouse may get your separate property designated as marital, so you must share it. Or your spouse may get marital debt designated as yours alone, so you must pay it all.
  • Equitable distribution — The court apportions the assets and debts that have been designated as marital to both parties. As with alimony, the court may consider any facts necessary to arrive at a just conclusion, but relies mostly on statutory factors. While liquid assets are fairly easy to distribute, problems often arise with real property and businesses. When one spouse makes a persuasive argument that these assets should remain intact, the other must assert a right to enjoyment of the assets or to compensation for their loss.

There are numerous ways Tucker Mitnik, P.A. can protect your interests:

  • Ensure a full accounting of assets and debts so nothing is hidden
  • Present persuasive arguments regarding the assignment of property as separate or marital
  • Assert your interest in substantial assets the court may rule should stay intact

For your divorce, contact a law firm in Melbourne, FL experienced in equitable distribution

Tucker Mitnik, P.A. has experience managing high-net-worth estates in equitable distribution processes. We deliver the same level of attention and care to your marital property dispute. To speak with a knowledgeable divorce attorney, call us today at 321-392-5239 or contact our Melbourne office online.

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Our Office
  • Melbourne Office
    5425 Village Drive
    Suite 105
    Viera, Florida 32955
    Phone: 321-735-8956