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 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. -
"Competent, through, and articulate."
She did an amazing job! I will hire her again.- Travis -
"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. -
"Katelyn made the divorce process as easy as possible"
Katelyn made the divorce process as easy as possible. She was very attentive, assertive and very professional and very knowledgeable. And even when I asked to stop the divorce process she did everything she could to stop it and we were able to just in time! Thank you Katelyn and all those who worked with her!- Theresa L -
"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. -
"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.