Property Division


DDBFirst comes marriage. Then, sometimes divorce. Then comes property division which can be the worst. The most amicable way to end a divorce is for each person to take what they own. Continue reading

Categories: Articles by The Castro Firm, Divorce, Property Division | Leave a comment

In the View of Gain, Think of Righteousness

prenupSanette Tanaka, in a recent Wall Street Journal article, “Nothing Says Love Like a Prenup,” stated the most common topic in a prenuptial agreement (“prenup”) is the increase in value of separate property.  This usually pertains to the increased value of real estate.  In Delaware, this increase in value can be considered marital property, subject to division, even if it was (or still is) owned entirely by one spouse prior to the marriage.  Continue reading

Categories: Articles by Gonser and Gonser Attorneys, Divorce, Practical Tips, Prenuptial Agreement, Property Division | Leave a comment

The Door to Which I Found No Key

keylessNot everyone sees the end coming.  For some there has been a little talk of the end and for others there has been too much.  Often, though, the talking ends when someone moves out of the marital home.  What happens then when that person returns to find that the locks have been changed?  Continue reading

Categories: Articles by Gonser and Gonser Attorneys, Financial, Property Division | Leave a comment

Exact-ish Divorce Time-Line

timelineOne question that comes up over and over again when consulting someone about a divorce is, “How long will this take?”  And like any true legal question the answer is invariably “It depends.” 

The timing can depend on how long the parties have already been separated, what relief is requested in the petition, what Judge is assigned to the case, how cooperative the parties are and many other factors outside the control of the parties or counsel.  Continue reading

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What you need to know when dividing marital assets.

dividing property assetsIn an action for divorce in Delaware, a party may request the Court to equitably divide all marital property and allocate marital debts.  In order to accomplish the division of marital assets, the Court relies upon the law, specifically 13 Del. C. §1513. Continue reading

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Non-Marital vs. Marital Property

property division 2In some cases, there are items of property that will be separate property of one spouse, and thus not subject to equitable distribution. Predictably, the allocation between marital and separate property can become a very contentious issue. Certain types of property are usually accepted as separate: Continue reading

Categories: Divorce, Practical Tips, Property Division | Leave a comment

Filing for Divorce in Delaware

divorce-gavel.s600x600To file for a divorce in Delaware, you must be a resident of our state for at least six months and be separated from your respective spouse. So, you cannot continue to share a bedroom with them or be intimate with one another. If you become intimate at some point during your alleged separation period and 30 days immediately preceding the day the Court hears your Petition for divorce, the other party may argue your date of separation following that intimate encounter. Continue reading

Categories: Alimony, Divorce, Property Division | Leave a comment

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