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Property Division

Daytona Beach Property Division Attorney

Negotiate a Marital Settlement Agreement that Safeguards Your Standard of Living 

Divorcing spouses have countless legal concerns that must be addressed before they can officially part ways. For example, the equitable division of property is one of the most critical (and heated) aspects of the divorce process. If you and your spouse can’t negotiate a marital settlement agreement, the court may be entitled to decide on your behalf. However, equitable does not mean “fair” or “50/50.” The court evaluates many factors before deciding how your assets, property, and debts should be split. 

At Buckmaster & Ellzey, we can review your marital assets and develop a customized case strategy that safeguards your interests. Our experienced property division attorneys in Daytona Beach have the skills and resources to negotiate or litigate on your behalf effectively. With our help, you can secure a beneficial marital settlement agreement or divorce decree that protects your standard of living.

Call Buckmaster & Ellzey today at (888) 785-6548 or contact us online to schedule a meeting with our property division lawyer in Daytona Beach!

What is Property Division?

Property division is crucial in divorce proceedings, determining the allocation of assets and liabilities between spouses. This process is about the physical division of properties and the equitable distribution of debts, financial accounts, and other valuable assets. Our attorneys at Buckmaster & Ellzey recognize the sensitivity of these matters and strive to provide strategic legal counsel to protect our client's interests.

How is Property Divided in Florida?

Florida follows the principle of equitable distribution when it comes to property division. This means that assets and liabilities are divided fairly, though not equally, based on various factors. When determining the equitable division of property, Florida courts will examine the following factors:

  • Duration of the marriage
  • Each party’s wishes regarding assets
  • Overall value of the marital estate
  • Occupations or employability of both spouses
  • Monetary and non-monetary contributions
  • Any history of wasteful dissipation
  • The best interests of the child
  • Certain tax considerations

Marital assets, which are acquired during the marriage, are subject to equitable distribution. These may include real estate, personal property, financial accounts, and businesses. Non-marital assets acquired before the marriage or through inheritance or gift are generally exempt from division. However, it's crucial to have a skilled attorney assess the specific circumstances surrounding these assets.

Debts are also subject to equitable distribution in Florida. Both marital and non-marital debts are considered during the property division process. Our legal team at Buckmaster & Ellzey has a comprehensive understanding of these complexities and works diligently to secure the best possible outcomes for our clients.

Property Division Process in Florida

The property division process in Florida involves several key steps:

  1. Identification and Classification of Assets and Debts: Our attorneys assist clients in identifying all marital assets and debts. Thorough documentation and assessment are crucial at this stage to ensure a comprehensive understanding of the financial landscape.
  2. Valuation of Assets: Accurate valuation of assets is a critical step in the property division process. Whether it's real estate, investments, or businesses, our team collaborates with financial experts to determine fair and realistic values.
  3. Negotiation and Settlement: Our attorneys prioritize negotiation and settlement discussions before resorting to litigation. We aim to reach agreements that align with our client's goals and priorities, saving time and resources.
  4. Litigation if Necessary: In cases where amicable agreements are challenging, our seasoned litigators at Buckmaster & Ellzey are prepared to advocate for our clients in court. We present compelling arguments to protect our clients' rights and strive for equitable outcomes.
  5. Implementation of Court Orders: Once a resolution is reached, our attorneys work diligently to implement court orders, ensuring that property division is executed accurately and efficiently.

Our client-centric approach and commitment to excellence make Buckmaster & Ellzey the trusted choice for individuals navigating property division challenges in Daytona Beach.

Contact Our Daytona Beach Property Division Lawyer Today

Property division is a pivotal aspect of divorce proceedings, requiring strategic legal counsel to achieve fair and equitable outcomes. At Buckmaster & Ellzey, our experienced attorneys bring a wealth of knowledge to guide our clients through the complexities of property division in Florida. We understand the importance of protecting our client's interests and work tirelessly to secure favorable resolutions tailored to their unique circumstances. With Buckmaster & Ellzey by your side, you can trust that your property division matters are in capable hands.

Contact Buckmaster & Ellzey today to schedule a meeting with our property division attorney in Daytona Beach!

Why Choose Buckmaster & Ellzey?

  • Client-Focused Representation
  • A Team of Compassionate Advocates on Your Side
  • Former State Prosecutor
  • 40+ Years of Collective Experience
  • Dedicated Attorneys