Westport Property Division Lawyer

Westport, CT Property Division Attorney

Property division in divorce is almost never easy. Oftentimes, the house, retirement accounts, investments, and even debts are all heavily commingled between spouses.  In a simple divorce or one that involves significant assets, a Westport property division lawyer at Reich & Truax, PLLC can provide experienced counsel to guide you through Connecticut’s distinct property division rules.

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About Reich & Truax, PLLC

For years, we have developed a reputation in Westport and across Connecticut as a law firm that is not only skilled in family law but also compassionate and responsive. We recognize that divorce, property division, child custody, and child support are very personal and emotional matters. We have experience and the wisdom that comes from years of practicing family law, and we are committed to protecting your rights and helping you to achieve a more stable future.

Equitable Distribution in Connecticut

In 2021, in Connecticut, the divorce rate was 2.6, with a marriage rate of 6.2. Connecticut had the 23rd highest divorce rate and the 26th highest marriage rate among the states of the United States as of 2022, based on the number of divorces and marriages per 1,000 persons in the state population.

Connecticut is an equitable distribution state. This contrasts with community property states, which generally split marital assets 50/50. In Connecticut, marital assets are distributed in a manner that the court deems to be fair. Property division laws found in Conn. Gen. Stat. § 46b-81 lists a number of factors for the court to consider when equitably dividing property, such as:

• The duration of the marriage
• The ability of each spouse to be self-sufficient
• The age and health of the spouses
• Contributions each spouse made to the household
• Contributions one may have made to the other’s career and education
• The reason for the divorce

All Property State

Connecticut is an all-property state. This means that the judge may divide marital and separate property and thus has more discretion to divide property than judges in states that only divide marital property. In most states, marital property is defined as all assets obtained during the marriage, except for property acquired before the marriage, through inheritance, or by gift from a third party.

Connecticut law allows courts to divide almost all property owned by you or your spouse, whether owned individually or together, whenever it would be fair to do so.

Marital vs. Separate Property

Although it is in the court’s discretion to divide whatever they deem fit, whether marital or separate, it is helpful to understand the distinction between the two. Marital property refers to assets and debts obtained within the marriage. This can include wages, savings, bank accounts, real estate, vehicles, furniture, and retirement accounts.

Separate property includes anything acquired outside of the marriage, as well as inheritances and gifts given to only one spouse. However, some separate property is at risk of being considered marital if it is commingled with marital assets. An example of this would be using one spouse’s inheritance money to pay for a family car.

Just as the court divides assets, it also divides debts. This includes mortgages, credit card debt, and personal and business loans. Judges will look at when the debt was incurred, who benefited, and whether it was incurred for family needs. While post-separation debts typically fall to the spouse who incurred them, the courts maintain fairness throughout the process.

The Courts Will Make a Decision

If property division disputes cannot be settled, a Connecticut Superior Court judge will make a decision. Westport divorces are usually heard by the Stamford/Norwalk Judicial District Courthouse, located in Stamford.

Hire a Property Division Lawyer

A Westport property division attorney can have a significant impact on the outcome of your divorce. Due to Connecticut’s all-property rule, almost all of your assets, whether they were acquired before or during the marriage, could be divided.

A knowledgeable Westport property division attorney can assist you in recognizing your rights, classifying and valuing your assets, and maintaining your most important assets. Hire a property division lawyer who can fight for a just distribution, negotiate settlements, and represent you in court when needed, whether the case involves complicated property portfolios, family homes, or retirement accounts.

You can approach the process with more financial security and confidence if you receive informed guidance.

FAQs About Westport, CT Property Division Laws

Contact Reich & Truax, PLLC

If you’re going through a divorce and need advice on how to divide property, don’t risk your financial security. At Reich & Truax, PLLC, our seasoned Westport property division attorneys can fight to protect your rights and achieve a just result.

We understand how to handle complex property division cases involving high-value assets, inheritances, family homes, and more. Contact us today to set up a confidential consultation and take the first step towards protecting your future.