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Division of Property: Property Division After Divorce ​

by Ambareesh
Division of property after divorce: Navigating the process of property division

When married, you don’t bother about property division or separate assets, as the couples have shared dreams and responsibilities. Unfortunately, it becomes difficult for the two parties when a marriage ends in divorce.   

It is vital to have honest discussions and a correct way of dividing properties; otherwise, it may lead to unwanted conflicts.  Therefore the couple should discuss things together to decide the division of property. Hiring attorneys to negotiate on their behalf is crucial if the discussion seems to end in conflict. If the attorney fails to conduct the proper division of property, couples can approach court and seek the judge’s help.   

Additionally, during the property division, the couple must focus on a few factors. Read on to learn more about the crucial factors to consider during the division of property.    

Type of Your Divorce  

 Divorce is divided into two categories: Contested divorces and Uncontested divorces.  

Contested divorce are the stereotypical types of divorce that will have disagreements regarding children, alimony, and property. An attorney represents each party, and a judge sees the case. While Uncontested divorce are the ideal divorces in which parties agree on all the terms and reach court with mutual understanding.   

Contested divorces are problematic and expensive when compared to uncontested divorces. If you and your partner find it difficult to lead a life together, discuss it and decide. Unwanted conflicts, fights over children, and property division may cause difficulties.  

Property  

 If the property is registered in your name, you will be the sole owner of the property, and if you claim to have made any contribution to the purchase, you will have to prove that in court. Or if your wife has made the payment at the time of purchase, your wife should prove it in court. Submission of the account details would be enough as proof. The court will go through the evidence given and decide accordingly. 
 

If the property is registered in the name of both partners, you can divide it according to the contributions made during the purchase or sell the property and divide. Or, if the property is purchased on loan, both the parties are co-applicants; one of the parties can separate, and the other person could get the loan transferred in their name. Moreover, the new owner should pay off the loan.   

  

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Division of property  

 If you and your partner plan to divide the property by yourself, you should consider a few points.
 

List it  

During the division of property, it is easy if you are going through a consented divorce. You can list out the properties of your own and share them appropriately. This will help in valuing the properties.  

Have an order  

After listing the property and valuing it, you can go through the list and divide the property quickly.  

Final approval  

After the discussions and agreements, you can approach the court with the attorney’s help.  If you find yourself and your partner struggling through the relationship, and if you cannot continue the relationship, you can always choose the correct option. Having a systematic division of property is comparatively less expensive and peaceful.  

  

  

  

  

  

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