Property division and marital assets

Fair does not always mean equal. That is especially true in divorce cases. For most families, it is not reasonable to place specific dollar amounts on all property (physical or financial assets as well as liabilities) and split things exactly down the middle. Certain assets may be more valuable to one party or another. Some couples may want to sell the family home, while others may have one party who wants to keep it.

Finding a fair and equitable way to divide your marital property

That is why the court system emphasizes equitable division of marital assets rather than equal division of assets. At Brazil Law Office, PLLC, in Fargo, North Dakota, we help our clients pursue property division agreements that help them walk away from a divorce satisfied, feeling like they got what was fair.

This is rarely an easy task, particularly in divorce cases that involve complex assets like family-owned businesses, stock options or retirement benefits. It can also be complicated by liability issues like shared debts, health insurance needs (for children or spouses with special needs) or disputes about education (i.e., whether or not a child should attend private school and who should pay for it).

Will I have to sell everything?

This will be up to you, your spouse and the unique assets you hold. For example, if you want to keep your family home but could not reasonably pay for its continued upkeep, property taxes and related expenses, you may need to sell. If both of you want to keep it and could pay for it independently, you may need to negotiate how one party could be bought out of the asset.

Collaboration may be appropriate in your case

Through it all, a collaborative approach may yield more favorable results than handing over decision making to a judge in court. As a Qualified Neutral Mediator, Attorney Tressie Brazil has the experience and skill to guide you and your spouse through mediation — helping to keep legal costs down and decision making in your hands.

When collaboration doesn't work

Still, not all cases allow for mediation or alternative dispute resolution options. Sometimes we have to go to court. At that point, your lawyer's job is to represent your interests and communicate a strong reasoning for your requests to a judge in court. We work with our clients personally through every stage of the legal process to ensure their voices are heard. We want to completely understand your goals and what you need so we can develop a strong plan of action to achieve those goals under the law.

Contact our office online or by telephone at 701-297-2298 to arrange an initial consultation and get answers today.