How a Woman Can Protect Her Property During Divorce

How can a woman protect her property during a divorce?  The answer to this tricky question is one that can change the course of a divorce proceeding.  As a woman, even if you have been unemployed outside of the home during your marriage, you have certain rights to any property that has been acquired during your marriage.  There is no need to lose everything to your husband in a divorce, and knowing what your rights are will help you protect your property during a divorce.  Speaking with your lawyer is an excellent way to fully understand your rights, but there are a number of basic principles which you can use to protect your property during a divorce.

How a Woman Can Protect Her Property During Divorce

One way in which a woman can protect her property during a divorce is by taking a careful inventory of all of the items that she hopes to claim in the divorce.  Take photographs of family heirlooms or other treasured items, and make sure to start valuing the items that you would want to keep after the divorce.  Make sure to value the items at their fair market value, which means the amount of money that you would get for them if you were to sell them today, rather than the replacement value.  Most courts use the fair market value when determining what property is worth, so you will want to record this ahead of time.

Another way that a woman can protect her property during a divorce is to negotiate a settlement through her lawyer with her spouse.  If you live in a non-community property state, your property will be subject to an equitable distribution with your husband.  However, by negotiating a settlement beforehand using your lawyer, you will be able to avoid the divorce court judge telling you what you will have to give up or how you will have to divide property.  It is always in your best interests to settle rather than to let the courts decide on the distribution of property.

A woman can protect her property during a divorce if she lives in a community property state by starting to record what she has brought into the marriage and what was acquired during the marriage.  Under community property laws, any property that was brought into the marriage is still considered to be the property of the person who brought it.  Assets, debts, treasured heirlooms and inheritances, and other property brought into the marriage can be protected by proving when they were acquired or through what channels and using that information to make sure that they are exempted from equitable distribution during the divorce.

Getting Help

The best answer to how a woman can protect her property during divorce is to get help from an experienced divorce attorney who can let you know the laws in your area and who can act as your advocate.