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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"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. -
"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. -
"Katelynn made the divorce process as easy as possible."
She was very attentive, assertive, and very professional and very knowledgeable.- Theresa L. -
"Katelynn is an AMAZING Attorney"
I am forever grateful for you Katelynn and I know who to go to when ever I need help again. Thank you for all that you do!- Monica -
"This whole experience with Katelynn was SUPERB!"
How can I begin?
This whole experience with Katelynn was SUPERB!
Katelynn was honest, upfront, and professional in every aspect of the work she did for my divorce case. We had a great relationship and got along great, which is something that I was looking for, a Lawyer that wasn't here for the money but here to work for YOU! The nice thing about Katelynn compared to other lawyers in the area is that she won't take too many cases she can't handle, she doesn't have an Assistant do all the work, she does the a lot of the work herself.
I was lucky that my divorce was handled in mediation (thank goodness). But I heard and listened to Katelynn in the Court room during Trial and she is a not only professional, but confident, courteous, and POWERFUL. She definitely knows what she is doing when it comes to Family Law in Idaho, she even struck down multiple objections from my Ex because the other Lawyer didn't know what they were doing and weren't informed. She is here to fight for you in what she knows you can get, and won't promise or say what she isn't confident in.
I was confident with Katelynn, and you should be as well, don't look ANYWHERE else. Thank you so much Katelynn!- Zach B. -
"I had a very complicated case"
I had a very complicated case that required help from a legal professional. It took a while to find one that gave me the "warm fuzzies", but as soon as I came across K. Mitchell Law, I knew she would be the best. I was right, she is the best. Incredibly responsive, knowledgeable, and professional. Even in court, I felt confident that my concerns were voiced the way I wanted them to be. If I have any more legal problems solved, I know just where to go back to. K. Mitchell Law.
- Zachariah G.