Property Division Helping You Overcome This Chapter of Your Life

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

Is Idaho a 50/50 State For Divorce?

Idaho follows equitable distribution principles rather than a strict 50/50 split in divorce cases. While the goal is to achieve a fair and just division of marital assets and liabilities, it does not necessarily mean an equal distribution. Equitable distribution considers various factors to determine a fair allocation based on the unique circumstances of each case.

Idaho courts evaluate factors such as the duration of the marriage, each spouse's financial contributions, the earning capacity of each party, and the non-financial contributions made to the marriage. Other considerations include the age and health of each spouse, their respective needs, and whether one party contributed significantly to the education or career advancement of the other.

Property acquired during the marriage is generally considered marital property subject to division, while separate property remains with the original owner. Marital debts are also part of the equitable distribution process.

It's important for divorcing couples in Idaho to understand that equitable distribution aims to achieve fairness, even if it does not result in a perfect 50/50 split. Seeking legal advice is crucial to navigating the complexities of property division, ensuring that both parties receive a fair share based on their contributions and needs. Consulting with experienced Boise property division attorneys from K. Mitchell Law, PLLC can help individuals make informed decisions and advocate for their interests during divorce proceedings.

For more information about property division in Idaho, call (208) 285-4272 or contact us online to schedule a consultation with our team!

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"Katelynn is a wonderful lawyer who is very helpful"
Katelynn is a wonderful lawyer who is very helpful. She provides realistic expectations while also being very personable and caring. Her attention to detail and the norms of the courts helped us submit paperwork that received almost instant approval. She puts in a lot of work to make things as seamless as possible.

- Morgan P.
"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.

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She was very prompt at answering any of my questions regarding my case. I highly recommend her.

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"This whole experience with Katelynn was SUPERB!"
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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.
"Katelynn is great!"
Katelynn is great! If you are going through a divorce, you should contact her. Divorce and custody issues are very difficult but she made the entire process easy and as painless as possible. Katelynn was always fast to respond if I had questions or needed more information. She was professional, kind, and understanding. Hopefully, I won't need legal assistance in the future but if I do, I wouldn't hesitate to work with Katelynn again.

- Mike C.
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Katelynn was punctual, communicative, and professional. I was as well very impressed with her management of my retainer, and feel strongly that she earned every cent of her very reasonable compensation.

- Alec