Practice Area

Property Division

In addition to parenting issues and support,  another topic to address as part a divorce is deciding who gets what; whether assets or debts.  . Property covers both real property, such as your home, and personal property, such as household items or cars.

Equitable Distribution

Florida courts divide a couple's assets in an ''equitable'' (fair) manner, called equitable distribution. Equitable is what is fair to both spouses, and fair may not mean equal.

Florida statute 61.075 gives the factors courts use in deciding what is "equitable." Factors include:

  • (b) The economic circumstances of the parties.
  • (c) The duration of the marriage.

Before deciding how marital property is to be shared, the Court must determine what property is marital and what is the non marital property of each spouse.  Your attorney will work with you to identify what assets and debts are subject to distribution between you and your spouse. 

Property Settlement Agreements

If you and your spouse can agree on how to divide your assets, whether it follows Florida’s guidelines or not, your lawyers will write up a formal agreement called a ''property settlement agreement" or a "marital settlement agreement" (MSA).. Detailed lists of who gets what are included in this agreement.

Often, a voluntary property settlement is preferred to having the court decide those issues. There's no way to predict or guarantee how a court will decide property division issues, so many couples prefer to work out a property settlement on their own.

The language of a settlement agreement is important- a poorly worded agreement may be unenforceable, and not worth the paper it’s written on.  An attorney’s involvement in drafting and reviewing the agreement is vital to ensure that you get what you agree to.  Do read the property settlement agreement carefully, and ask your lawyer about anything you don't understand. Once an agreement is signed and approved by the court, it's likely be difficult and expensive to change.

Taking a Property Inventory

Before you can negotiate aproperty settlement, you need to know what there is to divide. . One of your first tasks, even if you're thinking about a divorce, is to make a property inventory. It's vital to list all property you and your spouse own. Don't try to hide assets as it will only complicate dividing your property.

Property Transfer After the Divorce

As soon as the property settlement is approved or the court finalizes the divorce, you'll want to take care of the details of the property transfer. This includes preparing and signing the documents needed to transfer ownership.

While it may be the last thing you want to do, taking care of these details will save future trouble and make it easier to gain closure on this chapter of your life.


Contact Info

  Quattrone Family Law
16114 N. Florida Ave.
Lutz, FL 33549



 9.00 am to 5.00 pm