Boise and Nampa’s best family attorney explains property division during divorce

Boise and Nampa’s best family attorney can help during the difficult period of divorce

Boise and Nampa’s best family attorney is highly experienced in handling both simple and complex divorce matters and has excellent knowledge of Idaho laws. Idaho divides assets under community property law in the event of a divorce. This means that property and assets acquired during the marriage are jointly owned by both spouses. It is regardless of who purchased it or the name that appears on the title.

Mostly, community property will be divided 50/50 to each party. However, the judge may consider a variety of factors to determine the fair division of these assets. The court may find the 50/50 division to be inequitable or parties agree to a different formula for dividing the property.

Assets generally considered by Idaho law under community property

• Investment income earned during the marriage
• Debt acquired during the marriage, such as a mortgage or car loan
• Wages and income earned during marriage by either spouse
• Houses, furniture, cars, and other property acquired during the marriage

Note: Non-marital property or property acquired by one spouse prior to the marriage or property acquired by one spouse which was not intended to be part of the marital estate is not subject to equal division.

When can property be ruled as partial community property?

Some properties may be exempt from the 50/50 rule because of co-mingling or spouse contributions during the marriage. It can result in complicated property division negotiations.

The set list of statutory factors for determining property division in the State of Idaho

Like other states, Idaho has factors set by the statute that specify what the court can use to determine the fair division of property. These include:

Marital fault

Typically, the fault of one spouse is used by the judge to justify a higher percentage to the affected spouse.

Income and earning capacity

The court can put into consideration the relative incomes and earning capacity of each party, which can be influenced by factors like age, health, and education.

Economic misconduct

In some Idaho divorce cases, spouses who spend marital assets wastefully or fraudulently can receive a lower percentage of the marital property.

Custody of the children

In case one spouse has full custody of the children after a breakup, they are likely to receive a higher percentage of the estate or specific pieces of the marital property such as the family house.

Educational contributions

Parties who largely contribute to their partner’s education or earning capacity can get a higher percentage of the marital property.

Work with Boise and Nampa’s best family attorney

Divorces can get messy and overwhelming. Having a divorce lawyer to guide you through the process and prepare all the necessary documents can help. Work with Boise and Nampa’s best family attorney to help you fight for what you deserve. Jacobson & Jacobson Law Firm, since 1982, is committed to serving the Boise and Nampa, Idaho areas for your top Criminal Defense, Personal Injury, Business Law, Estate Planning, Family Law, Immigration Law, and Litigation needs. Contact us today to get started.

The attorneys at Jacobson & Jacobson have consistently provided exceptional legal representation and counsel across a broad range of services