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Dividing up property is one of the most contentious aspects of divorce. Instead of fixating on what you might be losing, though, think about the fresh start you’re gaining. This can relieve a considerable amount of stress surrounding the proceedings because at the end of the day, the one outcome that matters—finalizing the divorce—is guaranteed. If you’re still overwhelmed at the thought of dividing everything up, reviewing local family laws can help. Here are just a few aspects of property division to keep in mind before entering negotiations. 

Equitable vs. Equal

In regard to dividing marital property, Connecticut is an equitable distribution state. That means family law judges aim to divide property equitably rather than equally. In other words, they are unlikely to give each spouse exactly 50% of the couple’s assets. Instead, they will consider a variety of factors and then distribute the property as they see fit.

family lawIf the couple has a primary residence and a beach house, for example, the judge might award the primary residence to the custodial parent and the vacation home to the noncustodial parent. This would be acceptable in all equitable distribution states, even if one property was worth significantly more than the other. 

There is one major difference between Connecticut and other equitable distribution states, though. In Connecticut, all property is considered marital property. That means judges will not consider factors like how an asset is titled, when it was acquired, and whether it was inherited when dividing property. 

Real Property vs. Personal Property 

During divorce proceedings, the state of Connecticut recognizes two kinds of property: real and personal. Real property includes land and any physical structures on it, like buildings. Personal property, on the other hand, encompasses virtually everything else. Examples include bank accounts, vehicles, jewelry, furniture, and the like. 

Connecticut courts have total jurisdiction regarding a couple’s personal property, as well as any real property located within the state. If one party owns property in another state, the judge cannot order either one to change the title and hand it over to the other party—unless the court has personal jurisdiction over both parties. Personal jurisdiction can be established if both parties appear in court voluntarily.

 

If you want to end your marriage, the divorce attorneys at The Law Offices of Conti, Levy and Salerno, LLC will help you pursue what you deserve. Practicing out of Torrington, CT, this firm is led by two strategic litigators who have more than 75 years of combined experience in the field. Representing clients throughout Litchfield County, they practice family law, criminal defense, personal injury law, workers compensation law, and real estate law. To request a free consultation with someone on their team, complete the form on their website or call (860) 482-4451.

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