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.
What Sets Us Apart?
Dedication. Experience. Results.
-
Keeping Your Best Interests in Mind
-
Solution-Oriented Strategies
-
Personalized Legal Services
-
Free Initial Consultations
Dedicated to Client Satisfaction
Read What Our Clients Have to Say
-
"Katelynn made this process so easy."
I recently used K. Mitchell Law to have my name changed. Katelynn made this process so easy. The communication was clear and timely, and my responsibilities were easy to understand. A reasonable fee coupled with the professionalism of her office guarantees I’ll use her for future needs as well.
- LaDonna H. -
"She was always prompt returning calls and email."
She was always prompt returning calls and email. She generated the documents needed quickly and everything went smoothly.- Micheal C. -
"Katelynn took on a difficult and contentious case"
Katelynn took on a difficult and contentious case that other lawyers wouldn't touch with both grace and tenacity. I was seeking full custody of my son in a complicated situation, and Katelynn stood by me and supported me when I needed it, reminding me what I was fighting for and not letting me give up when it was difficult and I was scared.
She fought for me through the entire process, making sure I was not taken advantage of and received the best representation possible. When a crisis arose, she maintained a cool head and kept me calm, guiding me through the process to keep my family safe and make sure my family's long term safety remained the paramount concern at all times.
She advocated for me when I couldn't advocate for myself, and as a result, I have full custody today, but most importantly, my family is safe. I never could have made it through the process without Katelynn and her wisdom and strength. She is truly committed to fighting for her clients and will never give up on you! I could not recommend anyone more highly.- Marisa K. -
"She did thorough research and consulted other lawyers about my case looking for the best argument for me."
Throughout the process, she was timely in getting me updated information as well as responding to my emails.- Thea V. -
"It was nice to be treated fairly and have a well-educated individual assisting me."
She was upfront with me about the cost associated with the work and I greatly appreciated her transparency with everything.- S.S. -
"She had all the right answers"
She helped me with a name change and it was an unusual situation. She had all the right answers, was quick to respond, great price for the work She did, and most of all she made it such an easy thing for our family. I couldn't ask for a better lawyer and look forward to working with her in the future with other needs. Thank you thank you thank you for all your help!- Mackenzee R.