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Working towards an equitable division of property

During a divorce, New Jersey couples who are ending their marriage will need to go through the process of dividing their marital property. During these negotiations, the goal should be an equitable division of such property. There can be errors, however, that might result in the opposite later on. To avoid this, there are certain things that should be considered.

When evaluating matters of property division, the parties should remember that not all properties have equal value. This is true even when they seem equal on paper because there are often other considerations that could affect the real worth of each property.

In many divorces, one of the major properties is the family home. While the emotional attachment might make some people desire to keep the home and offer other liquid assets to their ex in exchange, the exchange might not be equitable. When calculating the worth of a home, the upkeep costs that will continue adding up in the future should be considered as well as the possibility of the person being able to pay for these upkeep costs.

Another thing that might not result in an equitable division of property is the division of different accounts, even if their immediate cash worth seems to be the same because there are tax implications that might truly affect the real worth. For example, a checking account worth $100,000 might seem equal to a 401k account with the same amount. That is until the person considers that they can withdraw and use money from the checking account without paying taxes while any money withdrawn from a 401k will need to be reported as taxable income.

In such cases, a person negotiating the division of marital property might also seek assistance from a lawyer who might offer advice about how to best pursue a fair division of assets. The lawyer might also explain the state legislation regarding property division.

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