Property Excluded from Division

Protecting Property Excluded from Division

In the dissolution of a marriage, your property will be divided consistent with "equitable distribution" guidelines set by the state of West Virginia. Both you and your spouse came into the marriage with property and may have acquired certain assets that do not qualify as a "marital asset" to be divided at the time of dissolution. If you are seeking to protect property excluded from division, our attorneys at Lyne Ranson Law Offices, PLLC can help you protect your assets.

Our attorneys will help you protect the property that you brought into the marriage as well as gifts, inheritance, or other property acquired after the date of separation. Protect your rights. Contact our offices today.

Certain property does not qualify as a marital asset to be divided in a divorce, including:

• Gifts: Gifts that are kept separate from marital property or received from a spouse can be protected from equitable distribution.
• Property owned prior to marriage: For your property to be considered non-marital it must be kept separate from marital property throughout the marriage. Once the property is commingled with marital assets, it may be considered marital.
• Inheritance: If you inherited property, you can keep it separate from distribution, so long as it was not mingled with other marital assets.
• Property acquired after the date of separation: If you acquired property after you were officially separated, you can seek to establish this property as non-marital and protect it from distribution.
• Property protected by a prenuptial agreement: Any property protected by a pre-marital agreement will not be susceptible to the rules of equitable distribution.

To protect this separate property from marital assets, you need an experienced property division attorney who knows how to help you classify your assets to ensure that they are protected from division. At our firm, we have handled a number of highly sophisticated and complex division of property cases. We are experienced in helping clients protect their financial interests as well as separate property that should not be divided in a divorce.

Do not lose your opportunity to protect your separate property from division. Our attorneys will take the necessary steps to ensure that your gifts, inheritance, and other property that belongs to you are protected from a divorce distribution.

For more information or to speak with an experienced separate property and property protection lawyer, contact Lyne Ranson.

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