Indianapolis Property Division Attorney
The division of assets is one of the most important steps of any divorce proceeding — and it can also be the most complicated. Property division can be especially complex, and if you do not have an attorney on your side, your former spouse’s needs can overshadow your own.
The decision to get divorced is rarely easy. During a time of uncertainty, emotions can quickly spiral out of control. Determining how assets and debts will be distributed can escalate the complexity of the divorce process. The best investment you can make is to select a highly skilled Indianapolis property division lawyer focused on protecting your best interests without stirring up a fight.
Our property division attorneys at Trapp Law, LLC can advocate for your best interests. Since 2011, we have assisted Indianapolis residents with some of the most complex and crucial aspects of divorce. Our clients trust us for our dedication, efficiency, and breadth of experience.
Why Choose Us
- Our firm will take the time to listen to your side of the story, and your attorney will use this information to craft a personalized, strategic approach for your case.
- Our attorneys have significant litigation experience in family law. Our founder, Angela Trapp, has represented over 300 bench trials, over 500 custody hearings, and hundreds of negotiations, ensuring we can handle each aspect of your divorce.
- We understand that divorces can be expensive, which is why we strive to provide the most efficient and cost-effective representation possible while maintaining high quality legal services.
What Counts As Marital Property?
Under Indiana law, most of the property that you purchase or receive during the course of your marriage automatically becomes marital property. Any property you own before the marriage or that one spouse receives as a gift or inheritance during the marriage is separate property, which is not subject to division. However, the gift or inheritance must be in one spouse’s name only; if both spouses were the recipient of the asset, it will count as marital property.
Indiana’s Property Division Laws
When dividing marital property, Indiana law requires courts to divide the assets in a just, reasonable, and equitable manner. This usually involves dividing the property evenly between the two spouses, unless there are circumstances that would justify an uneven property split.
Exceptions to the equitable division rule include the following.
- You and your spouse signed a prenuptial or post-marital agreement outlining the division of property in the event of a divorce.
- One spouse wasted your marital funds in some way. Examples of wasteful behaviors include using this money to gamble, provide financial support to another significant other, or support a drug or alcohol addiction.
- One spouse has a greater need for the property over the other.
Since equitable does not always mean equal, the court may decide that it would be more desirable to divide properly unevenly. The court may consider several factors to see if one spouse has a greater need for the property over the other, including the following.
- How each spouse contributed to the acquisition of the property
- Each spouse’s income and economic situation
- Who has primary custody of the children, and whether it would be equitable to award the marital home to the primary caregiver so that the children could live there
- The tax implications for each spouse
Guiding You Through The Divorce Process Without Creating A Fight
At Trapp Law, LLC, we understand the emotional complexity of getting a divorce. The last thing you need is a lawyer to make the process even more complicated. Indianapolis family law lawyer Angela Trapp knows what you have at stake. She is committed to asserting your rights without adding fuel to a potentially contentious situation. Contact her law firm to learn how she can help you obtain a fair divorce agreement during a free initial consultation.
Pursuing An Equitable Distribution Of Marital Property
Getting married is often much easier than getting divorced. Part of this stems from the complexity of dividing your assets and debts. This can be even harder the longer you and your spouse were married. Attorney Angela Trapp has extensive experience handling divorces involving a substantial amount of assets and debts. As an Indianapolis divorce lawyer, she has what it takes to make this process as smooth as possible for you. During an initial consultation, she will work with you to understand the extent of your marital property, including:
- Family home
- Vacation homes
- Rental property
- Business property
- Antiques, collectibles, and jewelry
- Retirement accounts
- Stocks, investments other investment property
If you and your spouse created a prenuptial agreement, she will evaluate the terms to understand how you decided your property division would be handled. This is just a starting point. Many couples do not have prenuptial agreements. In that case, she will work with you to understand what property you owned before you got married and what property you acquired together.
Generally, any property you had before you were married may remain your separate property after your divorce. This can be highly complicated; however, if your property or business owned before marriage was commingled with your marital assets. She can consult forensic accountants to trace how your property was handled and the value of your property. Attorney Angela Trapp will advocate for you to secure an equitable division. This would not necessarily be a 50-50 split since some assets cannot be split down the middle. Ms. Trapp is committed to making sure you obtain an equal value of the marital property.
Contact Our Skilled Property Division Lawyer in Indianapolis
Are you entering property division negotiations with your former spouse? You want to ensure that the agreement you reach is fair and equitable, in accordance with the law, and accounts for individual circumstances. Indiana law surrounding property division can be complex — and professional preparation and representation is key to protect your best interests. Getting divorced does not have to be contentious. Attorney Angela Trapp offers an amicable approach to help you obtain an equitable share of your marital property.
In these situations, Trapp Law, LLC can help. Our firm can advocate for your rights throughout the division process, developing a legal strategy to achieve your property division goals. Contact us today to schedule a no-obligation, free consultation with one of our Indianapolis property division attorneys.