Can the spouses decided how they want to divide their property in a divorce?

In a Montana divorce, the spouses will have the opportunity to decide how they want to split their property between themselves. The court will usually accept a written property settlement agreement that describes the division of assets and the apportionment of liabilities.  If you cannot reach a compromise with your spouse, then the court will step in and divide your property for you.

If you and your spouse cannot agree about how to divide your property, the court will decide what is fair. Note that the division does not have to be equal to be fair.

Contact Matrium Law Group for more information.   Matrium Law Group is a women owned and operated family law and estate planning law firm located in Missoula, Montana. 

No Legal Advice Intended:  This post includes information about legal issues and legal developments.  Such materials are for informational purposes only and may not reflect the most current legal developments.  These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  You should contact an attorney for advice on specific legal problems. 

Understanding how assets get divided in a divorce

Before the court can divide your property, it needs to know which property belongs to the marriage, which belongs to the spouses separately, and how much there is of each. Generally, marital property is all property acquired or earned during the marriage, regardless of what title says. Separate property is property you owned before marriage. It also includes certain property you receive during marriage, like a gift or an inheritance.

The distinction between marital and separate property is important even though the court will divide both types of property at divorce. 

Contact Matrium Law Group for more information.   Matrium Law Group is a women owned and operated family law and estate planning law firm located in Missoula, Montana. 

No Legal Advice Intended:  This post includes information about legal issues and legal developments.  Such materials are for informational purposes only and may not reflect the most current legal developments.  These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  You should contact an attorney for advice on specific legal problems. 

 

Who decides how our property is divided in a divorce?

A Montana court will consider several factors in determining how to fairly divide the marital property, including the length of the marriage, the needs of each party and their ability to acquire assets in the future, as well as the parties' age, health and occupations. The court will not consider whether one spouse was at fault for the collapse of the marriage,  If a couple can work together, they may specify how property should be divided by drafting a settlement agreement. These agreements are considered binding contracts and are generally enforceable after review by the judge.

Contact Matrium Law Group for more information.   Matrium Law Group is a women owned and operated family law and estate planning law firm located in Missoula, Montana.  

No Legal Advice Intended:  This post includes information about legal issues and legal developments.  Such materials are for informational purposes only and may not reflect the most current legal developments.  These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  You should contact an attorney for advice on specific legal problems. 

 

In a divorce will the spouse whose name is on the title get the property?

Montana is an equitable division state. The law recognizes that property acquired during a marriage is a product of the contributions of both spouses. In a divorce, the marital property will be divided.  The property division will be "fair," but not necessarily equal. It is important to note that the person whose name is on the title to the property will not necessarily be awarded that property in the divorce.  

Contact Matrium Law Group for more information.   Matrium Law Group is a women owned and operated family law and estate planning law firm located in Missoula, Montana. 

No Legal Advice Intended:  This post includes information about legal issues and legal developments.  Such materials are for informational purposes only and may not reflect the most current legal developments.  These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  You should contact an attorney for advice on specific legal problems.