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Guide To Property Settlement In Marital Separation

Jan 16th 2019 at 11:21 PM

Property settlement is undoubtedly the most important aspect that requires undivided attention when it comes to filing for legal separation. This is also the most traumatic of all affairs considering that spouses enduring a soured relationship would never want to part with possessions they feel they rightfully deserve. Therefore, this is one of those tasks that need to be addressed very wisely and preferably with the assistance of professional legal advisors.

Here though, is a quick guide to creating property settlement agreements that have been tried and tested as effective in innumerable separation cases through years together…

Review everything that is owned jointly by you and your spouse – Sit down with pen and paper and jot down everything that you have owned as a couple, very clearly and comprehensively. It does not matter whether you have made any contributions to the purchase or not… just jot down everything that you know has been purchased for joint usage. This includes homes, apartments, vehicles, jewellery, antiques etc.

Besides determining what you need, decide on what you deserve and what is rightfully yours– Your legal separation papers should include comprehensive details on what you need and everything you want to claim as yours though the course of separation and after divorce. If you feel that your claims can be contested, pen down reasons why you believe that you deserve everything you are claiming.

Know your rights – Spouses can get an upper hand in property rights if they are aware of their rights that are supported by the state / centre. Say for example, if you have been a victim of adultery committed by your spouseand your spouse is pressurizing you for divorce or separation, you have the right to make property / financial claims that support your expenses and your current lifestyle in lump sum or periodic payments. You may also get to retain the house, vehicles etc.

Decide on how you wish to share your debts– Contractual separation procedures needs you mention how you wish to share / manage your debts. This includes credit card debts, student loans, mortgages, personal loans etc. If you are currently unemployed and have been a homemaker after marriage, the debts may be passed on to your spouse till the time you are capable enough to contribute.

Please visit this website for more info about marital separation agreement form.

Author Resource:-

Carl writes often about legal drafting, rental lease agreement, marital separation agreement and help the people in such needs. Please visit this  website for more info about how to file for separation in NC and filing for legal separation in SC.

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