Divorce Timeframe With Property Involved

Once you decide to divorce, you hope that the divorce process will go smoothly and quickly. However, that is not always the case, especially with the property involved. This has people thinking, “how long will divorce take with property involved?”. When a property is involved in a divorce, the process could take months or even years. 

Factors that Determine Timeframe

Suppose you and your spouse cannot agree on the distribution of the property; this will further lengthen the process. Additionally, having more than one property or commercial property could prolong it even further. 

Even if you and your spouse agree on the division of assets, the length of the divorce process will depend on how you decide to divide the property. If you must sell a property and split the proceeds before the court finalizes the divorce, the length of the divorce process depends on how quickly you sell the property. 

Does All Property Need to Be Divided?

You only need to divide marital property. In certain circumstances, a property is not marital property. The assumption is that marital property is anything you bought from the date of your marriage until the date you separate. However, this is not always the case. For example, if you own a property, meet your soulmate, then add their name to the deed, the property is no longer separate. 

Even if you do not put your new spouse’s name on the deed, but they contribute to the home by paying the mortgage or taking a joint-equity loan, the property becomes commingled. Your spouse could have a claim to the equity in the property. 

Additionally, specific rules apply to property given to one spouse as a gift or part of an estate. Your Arcadia divorce attorney can let you know your rights regarding properties acquired before the marriage or properties you inherited.

The commercial property follows the same rules. You might have had the property before marriage, but if your spouse contributed to the upkeep of the property or the business run on the property, you might have to divide the property in the divorce.

Your Property But Not Your Property

Another situation is if you buy a property with your spouse before you get married. Even if the deed is in your name only, the property could be considered community property. If your spouse helped with the down payment or used marital funds to pay the mortgage or repair the property, your spouse could have an interest in the property. 

Contact an Arcadia Family Attorney

Determining whether real estate is community property is often complex. Make sure your rights are not violated by speaking to an Arcadia family lawyer before filing for divorce. If you are wondering, “how long will divorce take with property involved?” contact us for a free case evaluation.  

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