Boise Property Division Attorneys
Asset Division Guidance During Your Divorce
When you and your spouse decide to get a divorce, you will need to divide your property. This can be a difficult and contentious process, especially if you and your spouse have a lot of assets. At K. Mitchell Law, PLLC, we understand how important it is to you to protect your property and your financial future. Our Boise property division lawyers can help you understand your rights and options and work to help you achieve a fair and favorable property settlement.
For more information about property division in Idaho, call (208) 285-4272 or contact us online to schedule a consultation with our team.
Understanding Idaho's Community Property Laws in Divorce
Idaho is a community property state, which means that all property and assets acquired during the marriage are considered to be owned equally by both spouses. This includes income, real estate, personal property, and other assets. In a divorce, the court will divide the couple's community property equally, unless there is a compelling reason to do otherwise.
Factors Influencing Property Division in Idaho Divorces:
- Each spouse's income and earning capacity
- Each spouse's age and health
- Each spouse's financial needs
- Each spouse's financial resources
- Each spouse's debts and liabilities
- Each spouse's contribution to the acquisition of the property
- Each spouse's contribution to the education or earning capacity of the other spouse
- Each spouse's contribution as a homemaker
- Each spouse's conduct during the marriage
- Each spouse's potential for future acquisition of assets
- Each spouse's ability to pay
- Any other factors the court deems relevant
It is important to note that the court will only divide marital property, not separate property. Separate property is property that was owned by one spouse before the marriage or that was acquired by one spouse during the marriage by gift or inheritance. Separate property is not subject to division in a divorce.
Community Property vs. Equitable Distribution in Idaho
Idaho is a community property state, which means that all property and assets acquired during the marriage are considered to be owned equally by both spouses. This includes income, real estate, personal property, and other assets. In a divorce, the court will divide the couple's community property equally, unless there is a compelling reason to do otherwise.
It is important to note that the court will only divide marital property, not separate property. Separate property is property that was owned by one spouse before the marriage or that was acquired by one spouse during the marriage by gift or inheritance. Separate property is not subject to division in a divorce.
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Read What Our Clients Have to Say
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"Katelynn and her entire team have been amazing"
Katelynn and her entire team have been amazing, she is super efficient, very thorough, and made me feel comfortable from the first meeting. I trusted her, my kids trusted her and I would highly recommend her.- Hannah M. -
"STOP looking for a divorce attorney"
STOP looking for a divorce attorney, Katelynn Mitchell is who you need for this decision in your life. Katelynn made this process almost painless. She is attentive, knowledgeable, a great listener, an efficient communicater( mostly e-mail ) and thorough. Please give Katelynn an opportunity to handle your family law / divorce needs you will thank me later. Friendly, knowledgeable , professional and efficient. Thank you again for helping me through this trying time in me and my children's life. You are the Counselor-In-Chief in my book.- Joseph E. -
"Katelynn was amazing to work with"
Katelynn was amazing to work with. She represented me well and had great ideas. Our case just came to a close and I can’t be happier with the outcome. She also did a great job at keeping me informed throughout the process and making sure I understood everything. She is very professional and has a great understanding of the law. I would and have recommended her to anyone. She will fight hard for you and do everything in her power to get you a fair and suitable outcome.- Chloe M. -
"I definitely recommend her to anyone going through any court system. She is very friendly and relatable!"
She made all the legal terms and everything super easy to understand and was very patient throughout the whole process of our custody case.- Elizabeth H. -
"Divorce is a difficult thing but she made it so easy and effortless."
Katelynn was thorough and patient, letting us look over everything to a point that we were satisfied.- Jenni P. -
"Highly, highly recommend."
Highly, highly recommend.
Katelynn was beyond amazing.
We just settled my custody case for my son and I am so happy with the outcome. As a first time mom, this was an extremely stressful and emotional process for me and Katelynn brought so much comfort and guidance to my situation. She was very honest with me and kept me level headed when I was being unrealistic or unreasonable at times. She had excellent communication with me and always kept me in the loop. I never had to wait longer than a day to get a response to any email or phone call. She usually got back to me within hours if not right away. She made me feel like my case took priority, knowing how important it was to me. I greatly appreciated her guidance, honesty and efforts in getting me the custody and the terms that I felt comfortable with. I chalk my case up to a huge win for us, all thanks to Katelynn. I am forever grateful.- Dani A.