The Property Split Headache

Divorce really ought to be a four-letter word, and to many it is,
especially if they are trying to figure out how to split their assets.

There is a way to protect assets during a divorce, but it is
complicated and in addition to the emotional upheaval of the event, it
might not be worth the fight. This is where those who catalogued their
assets in advance usually have an easier time of it.

If starting from a position behind the eight ball, then make certain
a really top-notch family law attorney is on board by hiring Las Vegas
family law attorneys. First class legal counsel is key in determining
who is entitled to what property. An attorney knows the law and how it
affects property rights. An attorney also knows when other
professionals may need to lend their services, such as appraisers and
accountants.

"If a spouse has a legal document called a "Power of Attorney" and
had the ability to control property and finances, prior to divorce,
have the lawyer revoke this authority immediately," said Bradley J.
Hofland, a Las Vegas divorce lawyer with Hofland, Beasley &
Galliher.

There are many factors to consider protecting assets during a
divorce, where everything owned by both parties is examined and divided
or awarded to one party. Some assets are not subject to division, such
as gifts, family heirlooms and personal injury awards based on pain and
suffering.

Be sure to distinguish community property from separate property.
The only way to properly do this is to hire a lawyer. Many times,
couples argue over the value of their assets. When this occurs, it
often becomes necessary to hire a professional appraiser to avoid any
"he said, she said" battles.

Perhaps the most critical item of property many couples don’t
immediately identify as being subject to division is retirement. In
many cases, one party started a retirement fund or had a retirement
benefit prior to marriage. During the marriage, the fund increased in
value. "You should never try to determine what is subject to division
and what is not, without the help of an experienced lawyer. A lawyer
will advise you of the proper method of division and perhaps even
engage the services of an actuary to assist in calculating a division,"
aid Hofland.

One of the simplest and best tools to use during a divorce is a
video recorder or digital camera to inventory every item of property
that may be disputed. "The pictures should then be attached to the list
made of items gifted prior to marriage and those given after the
marriage. Do not remove anything from the home until this inventory has
been completed," said Hofland.

When the cataloging is done, then remove personal items to a safe
location, not accessible by a spouse. Oftentimes, small personal or
very valuable items have a tendency to "disappear" or "never exist"
when parties are involved in a contentious divorce proceeding.

Once you leave items behind, they may not be there when you come
back. If one spouse left voluntarily, they may go back to get their
belongings. "If the locks have been changed, the locked out party has a
right to call a locksmith, unless the locks were changed subsequent to
a court order," outlined Bradley J. Hofland, a Las Vegas divorce lawyer
with Hofland, Beasley & Galliher.

There are many other things that divorcing parties need to be aware
of when it comes to the process of splitting the marital assets.
Consulting a family lawyer with extensive experience in this area is
the smartest solution to a difficult problem.

To learn more about Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.