What Happens with an Investment Property Divorce?
Investment properties in a divorce can be handled in a few different ways. One of the first questions is whether or not one party owned it prior to the marriage. If only one party owned it prior to the marriage, then a portion of the value is likely premarital property. Alternatively, if the parties’ have a pre-nuptial agreement, the terms for handling such may be outlined in the pre-nup itself. However, if the parties purchased it during the marriage, they may divide the equity equally. Another circumstance that we often see is when one party inherits an investment property. Then we have to look at whether there is a pre-nup or not to address inheritance and/or what the intent of the inheritance was and if both parties have contributed to, or benefitted from it.
Because there are so many different scenarios to consider, it is really best to discuss this issue with your attorney. If you want the property, you may need to buy out your spouse. We have also seen circumstances wherein neither party wants to handle an investment property on their own, so they simply sell and divide the proceeds. This is also a viable option so long as both parties agree to it.
If you have any questions pertaining to filing the disposition of assets through a divorce, or how to go , contact us and let Wolf & Shore Law Group go to work for you and help make your family law matter easier, not harder. Ever Argue with a Woman? Click here, call us at 203.745.315, or email us at info@wolfandshorelaw.com.
