Equitable Distribution Miami

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Introduction to Equitable Distribution Miami

Many couples often go through difficult situations such as separation, due to little understanding between spouses or simply because love is over. For whatever reason, always ends with an annulment marriage, although sometimes this is decided by both parties, not always romantic relationships lasting finish on good terms, so you should always keep in mind that from that moment it will trigger a series of legal activities that you have to hear and resolve as soon as possible for the benefit of himself and his children, need the support and custody of their children, if they do, the maintenance yourself and above all require dividing property in a divorce acquired during the marriage period.

Gallardo Law Firm offers the best services with a high degree of quality and professionalism in their work, acquired the certifications and experience for you and your family get the best results of division of property after divorce.

During marriage, couples often jointly purchase multiple personal items, which are almost always achieved from the finances of the two people regardless of increased income from one to another. These materials products need to be shared equally between the two after the divorce becomes official. Many times the Equitable Distribution Miami can be very easy to handle because the couple can decide for themselves how to divide the properties needs to go to a family lawyer, who has to submit the order to the judge through Gallardo Law Firm and this in turn will officially division of property in divorce. We take care of all documentation needed for the properties be legally distributed. This process takes place in a very short period of working time and easy, thanks to the couples performed amicably including ownership bundling.

In cases of the couples with bad relationships, the situation would be another way to process and division of material goods would be quite different. The divorce lawyers are prepared for any situation, this particular spouses do not agree how to divide the properties, then you have to present the case with respect to the family court and the judge will decide for itself from all the other we may collect, how to divide equally common property acquired during marriage, we talk about equality, because the laws of the State of Florida led to the division of property marriages legally married after a divorce in Florida have to divide their belongings equitably. In these cases the couple agrees it could take an extremely long time and a lot of mental and emotional exhaustion process. Whatever the situation our main goal is to obtain the results desired by the customer.

In some American States laws are based on material property must be divided communally:

  • Communal Form. Among the materials properties acquired by couples those that are specific to each holder separately whether they find it because your name is on the title or because it was inherited or given away at any given time, so these properties, the judge grants the primary owner without discussion, these do not fall within the distribution and otherwise are property and finances in the name of both spouses, which are what the judge rules as separation agreement and needs to be divided.

In the State of Florida, the laws about the equitable division after separation marriages have to be so matched.

  • Equitable Form. The equitable distribution form is based on any physical material acquired during the marriage no matter whose name is the title or how much money there is in an account on behalf of each one, if it was conceived after marriage, will be divided fairly by the judge. Only those gifts obtained or inherited by separate are not divided, that is, each person has the right to maintain these properties. The family law in Gallardo always encourages its customers with clear and justified those properties that are within the particular forms when not needed there any discussion about it. Generally, equitable distribution of property, equally divided exactly only those properties and assets in cash proceeds obtained during the period of marriage, as well as financial obligations you have to the time of dissolution of marriage. If at the time of the marriage if she signed a prenuptial agreement, then, to the laws of Florida, there will be equitable distribution of material goods, everyone will get what he was able to achieve with your work and earnings. Although the prenuptial agreement property acquired before marriage or inherited properties or given are not divided for the separation of property, it is important to note that if these assets during marriage acquired high economic value so if you would divide the difference of the profits to be gained.

Equitable Distribution Process

The process of equitable distribution of property occurs when one party appears in Gallardo Law Firm after the breakup of his marriage, because you want your tangible property that rightfully belongs to him to be delivered. Then, the divorce lawyer is linked to the case and investigate all data related to their property. First collects information on all properties available to their customers, plus there are no hidden investigate properties that may be the case that one member of the relationship keeps hidden assets or finances of the other person. Then we calculate the monetary value of each property, if these have a high financial value could seek specialized for monetary cases, and then submit all documentation well justified in court help. Then the judge determines that some of the material goods you happen to whom, if that cannot be split then grant him an economic value to that property and then divide the asset.

Judge to finally decide the percentage of properties are equitable distribution based on a number of features that should be kept in mind, for example:

  • All property and fixed and liquid assets every particular spouse could contribute to the marital estate.
  • The rights that each person may have with respect to properties that are legally in your name.
  • At the time of legal separation, the judge takes into account the monetary conditions of each partner.
  • The various reasons that gave way to divorce division of assets
  • The period of time that lasted the marriage relationship.
  • The efforts that went through one of the spouses to get those properties.

Equitable Division but there is no Legal Marriage

Currently there is a strong influence of couples living together without legal commitment. In these cases the couple must be very careful with the goods to be purchased together in the relationship, because under Florida law when the relationship ends there is no real separation, everyone is an individual and has no rights property of another person. So we have to decide when to get some property, real estate or business together need to decide who will be the legal owner member if there is no division of property after death and separation. If at the time of acquisition of the property both agree on joint ownership, so if can claim their rights on this property in case of rupture or death, so it is important to define what percentage of the property you are entitled to other ends relationship to ensure their property or if the other person dies and leaves testament, you will not have problems in defining exactly the total amount that belongs to you.

All legally married couples that product malfunction of the relationship and you decide to separate during the marriage have obtained common properties that need to be distributed equally between the two after separation.
If not exist any testament for the person who has died explaining how their material heritage is divided, then everything will be handed over to the widow or widower.
As the property is the name of a single person, you have no right over the house, but it could prove that contributed to the purchase of the property, the monthly payments to the bank and the houses maintenance, so as to begin a struggle for equitable division of property in Miami Florida.
Under the laws of the Family in Florida every married couple has the right to equally divide the commons, but in your particular case would the judge make an exception when it comes to sentencing, since it can be shown her husband can live well financially thanks to the work that has been achieved with the help and effort that you had to spend at home care the children and unable to overcome professionally and get a good job to help you maintain the standard of living cheaper than at the time of separation had.
The most important thing is the welfare of children, if you live together with their children, and where the judge ruled that you have permanent custody of the children, then the house they are living and that the time of separation is dispute could be yours, is not advisable for children out of their natural environment, and constantly changing school where they feel comfortable, but you need to decide with equal housing fund of Florida how to pay the other spouse the economic part that belongs to the house.
With the prenuptial agreement you are not entitled to the properties that can be obtained during the marriage, in case of separation. Therefore we recommend that if you sign prenuptial agreement, then be very careful with the properties acquired as a whole and are not legally in your name.
Prenuptial agreements are established by people who need to ensure the preservation of all their assets in the event of a separation.
Yes, of course, if you are legally married, after separation you have the right to request the equal division of real estate that include everything that youre obtain in this time, although division of mobile homes.