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Community Property

Supportive Florida Lawyer Advocates for Clients in Community Property Disputes

Compassionate Miami Law Firm Protects the Rights of Divorcing Spouses

Florida is a community property state, which means that divorcing couples are required to split the value of their marital property equally. It does not matter which party acquired the asset or earned the money to do so. At Mandel Law Group, P.A. in Miami, I provide the legal guidance you need to protect your rights and secure a fair property settlement. With many years of experience, I am a strong advocate Florida clients during negotiations and in court.

Knowledgeable counselor advises on questions regarding marital property

At Mandel Law Group, P.A., I give clients comprehensive information concerning the division of assets and debts in a divorce. In this jurisdiction, community property is designed to encompass almost any type of asset that is accumulated by a married couple. Items that can be considered as property include:

  • Houses, cars, boats, clothing, furniture
  • Copyrights, patents, trademarks
  • Bank accounts, stocks, life insurance that has cash value
  • Businesses

However, there are items that are not considered property for the purposes of division following a divorce. These may include:

    • Assets acquired before marriage: Community property law does not apply to inheritances and property acquired before the marriage and kept separate during the marriage — for example, funds from a trust that was left to you from your mother’s estate and that you kept in a separate bank account from your spouse or domestic partner throughout the entire duration of the marriage or partnership.
    • Items covered by pre-nuptial agreements: Couples with pre-nuptial agreements can avoid community property law by setting forth their own terms in writing before marrying or entering into domestic partnership.
    • Mixed community and separate property — commingling: It can be difficult to distinguish between community and separate property. The most common problem is with pension plans. If a pension plan or retirement account was started before and contributions continued to be made to it throughout the marriage or partnership, it can be difficult to divide. In this example, the contributions made before marriage might be considered separate property while those contributions made during the marriage are considered community property. My firm can advise you about how such gray areas are handled under Florida law.

At Mandel Law Group, P.A., I deliver strong counsel when issues arise relating to valuation and how assets should be classified. My firm asserts clients’ rights no matter how complex or contentious the divorce might be.

Contact a diligent Florida property attorney

At Mandel Law Group, P.A., I make it my business to get you through this trying time as smoothly as possible. Contact an experienced Miami community property law attorney today. Call me at 786-373-5373 or contact me online for a consultation.

 

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  • Miami Office
    8925 S.W. 148th Street
    Suite 200
    Miami, Florida 33176
    Phone: 305-233-5041
    Fax: 305-233-5042
Attorney Mandel