Tips For Proving Property Ownership In A Divorce

One of the challenging parts of a divorce is diving joint property between you and your spouse. However, assets that are considered your own property will be retained by you if you do not live in a community property state. Here is what you need to know about proving property belongs to you so that you can retain it.

Prove When You Showed Interest In The Property

You can consider assets owned by you if you have shown an interest in purchasing the asset before your marriage. This is frequently brought up when purchasing a home because there is a legal process that must be followed to purchase the property. In general, the date that you provide the earnest money on a home would be the date that you showed interest in the property. If this happened prior to you being married, even if you closed on the home after your wedding day, you could have a legal claim to the home. 

Prove The Property Was Purchased Before The Marriage 

Any property that you owned before the marriage would be considered your own separate property — meaning that it belongs to you and is not considered community property. If an item that is considered separate property is being disputed, then you need to somehow prove that the property was purchased prior to being married. This can often happen when two households join after being married, and there is shared furniture between both people that gets merged into one household. People then get comfortable in their homes and forget who originally brought what. If you have proof that a specific item belonged to you prior to the marriage, then you can claim it as separate property.

Prove The Property Was A Gift

A misconception is that property that was purchased with shared funds is still considered community property. However, if the item was given as a gift, then the item is considered separate property and cannot be taken away from you. Proving an item was given to you as a gift can prevent your spouse from taking it away from you. For example, if that expensive big-screen TV was a birthday present to you, then you could claim it as a gift, even if your spouse is the one that uses it the majority of the time.

Not sure how to help keep property during a divorce? Reach out to your divorce lawyer for more tips. 

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