Property Division Lawyer Miami
Dividing assets and debts during a divorce can be one of the most complicated and contentious aspects of the process. Florida follows the principle of equitable distribution, which means that marital property is divided fairly, but not necessarily equally. If you are facing a divorce and need assistance with property division in Miami, an experienced property division lawyer can protect your interests and ensure you receive a fair settlement.
At Cruz Legal, P.A., attorney Marisol Cruz helps clients navigate the complexities of marital asset division, including high-value assets, real estate, retirement accounts, and business ownership. Whether you need competent legal representation in court or skilled negotiation for a settlement, we are here to protect your financial future.
Understanding Equitable Distribution in Florida Divorce
In Florida, all marital assets and debts must be equitably distributed between spouses during a divorce. However, equitable does not always mean equal—instead, the court considers multiple factors to divide property fairly.
Marital Property Includes:
- Real estate (homes, rental properties, vacation homes)
- Bank accounts, cash, and financial assets
- Investment portfolios, stocks, and bonds
- Retirement accounts (401(k), pensions, IRAs)
- Business ownership and professional practices
- Vehicles, boats, and luxury assets
- Debts, including mortgages, credit cards, and loans
If you are concerned about protecting your financial interests in a divorce, a Miami property division attorney can help advocate for a fair distribution of assets.
Marital Property vs. Nonmarital Property: What’s Divided in Divorce?
Not all assets and debts are subject to division in a Florida divorce. Courts must first determine whether assets are marital property or nonmarital property.
Marital Property (Subject to Division)
- Assets and debts acquired during the marriage
- Income earned by either spouse during the marriage
- Property purchased with marital funds
- Businesses started or expanded during the marriage
- Retirement benefits and pensions accrued during marriage
Nonmarital Property (Not Subject to Division)
- Assets owned by one spouse before the marriage
- Gifts or inheritances received individually
- Personal injury settlements awarded to one spouse
- Property explicitly defined as separate in a prenuptial or postnuptial agreement
Disputes often arise when one spouse claims an asset is separate property while the other argues it is marital property. If assets have been co-mingled, such as depositing inheritance money into a joint account, it may become marital property. We can help you trace ownership and protect your assets.
Complex Asset Division: High-Value & Business Assets
For individuals with high-value assets, professional practices, or business ownership, divorce can be even more complex. Our firm has experience handling:
Business Ownership & Divorce
If one or both spouses own a business, the court must determine:
- Whether the business is marital or nonmarital property
- How much the business is worth (business valuation)
- Whether one spouse can buy out the other’s share
- If the business can continue to operate post-divorce
A business valuation expert may be necessary to assess the true value of the business, including:
- Revenue and profits
- Intellectual property
- Client contracts and both personal and enterprise goodwill
We work closely with financial professionals to ensure business assets are fairly evaluated and divided.
Retirement Accounts & Pensions
Florida courts divide retirement benefits earned during the marriage, including:
- 401(k) plans and pensions
- IRA accounts
- Military and government pensions
Dividing most of these assets requires Qualified Domestic Relations Orders (QDROs) to avoid tax penalties. Our firm ensures retirement assets are properly accounted for and distributed equitably.
Real Estate & Investment Properties
If spouses own multiple properties, including homes, rental properties, or vacation homes, the court may:
- Order the sale of the property and split the proceeds
- Grant one spouse full ownership while compensating the other
- Require continued joint ownership (in rare cases)
We work to protect your real estate investments and ensure you receive a fair portion of marital assets.
Debt Division in Florida Divorce
Just as marital assets are divided, marital debts must also be equitably distributed. This includes:
- Mortgages
- Credit card balances
- Car loans
- Business debts
- Student loans (if incurred during the marriage)
A common issue arises when one spouse accumulates significant debt without the other’s consent. If you believe your spouse has mismanaged marital finances, we can help you fight for a fair debt division.
Can You Negotiate a Property Settlement Without Court?
Yes! Many couples prefer to reach a settlement outside of court to avoid costly litigation. Mediation and negotiation allow spouses to:
- Retain more control over the division of assets
- Reduce legal fees and stress
- Finalize the divorce faster
Our firm, led by Marisol Cruz, a Florida Supreme Court Certified Mediator in Family Law, is skilled in property settlement negotiations, ensuring you receive what you are legally entitled to while minimizing conflict.
However, if an agreement cannot be reached, we are prepared to advocate for your rights in court.
Why Hire a Property Division Lawyer in Miami?
Dividing property is one of the most significant financial decisions you will make in a divorce. Without proper legal guidance, you could lose valuable assets or take on an unfair amount of debt.
Hiring a property division lawyer can help you:
- Identify and classify marital vs. separate property
- Protect business interests and high-value assets
- Negotiate a fair settlement agreement
- Ensure retirement funds and pensions are properly divided
- Fight for your rights in court if necessary
Why Choose Cruz Legal, P.A. for Property Division?
Extensive Experience in Florida Divorce Law
Dedicated Advocacy in Court
Skilled Negotiation & Mediation
Bilingual Legal Representation
Personalized Legal Strategies
Schedule a Consultation with a Miami Property Division Lawyer
If you are going through a divorce in Miami and need assistance with property division, don’t leave your financial future to chance. Let an experienced Miami property division lawyer protect your assets and negotiate a fair settlement on your behalf.
Call us today or fill out our online contact form to schedule a confidential consultation with Cruz Legal, P.A. Secure your financial future today!