A major component of a divorce is the separation of assets. For most couples, the list of property that needs distribution includes real estate. Approaching such a complex issue is challenging, but an experienced real estate lawyer can provide helpful guidance. Here's a closer look at what to expect from the process. 

What Happens to Real Estate In a Divorce?

How property is separated depends on how it's categorized in the eyes of the law. Typically, pre-marital assets—those purchased prior to the marriage—are distributed to the purchasing spouse. However, divorce attorneys often argue that property crosses over to joint ownership when it's used by both parties throughout the marriage, like a primary home. 

According to Alabama family and property law, all property that’s considered part of the marital estate goes through the equitable division process. That means that a judge can split up the assets fairly based on certain elements, such as who contributed the most financially or who has the greatest need. Alternatively, both parties can come to an agreement. 

How Can a Real Estate Lawyer Help?

A legal professional that understands the ins and outs of the real estate market offers valuable insight to one or both parties during a divorce. Firstly, separating property isn't as simple as outlining who gets what. It's a legal process involving official paperwork and plenty of room for error. A real estate lawyer can ensure that all of the documentation is done correctly and fairly. 

You can choose to buy or sell property. For instance, the family home can be liquidated—sold on the market—with the proceeds being distributed based on the agreed-upon ratio. On the other hand, one party can agree to sell their share of the property to the other person. An attorney can provide guidance on which option is the best as well as offer assistance with setting a price. 

For assistance with the divorce process, separation of assets, or both, turn to William A. McWhorter in Pell City, AL. Boasting over 20 years of experience, the local real estate lawyer is well-versed in both family and property law and committed to aggressive representation. Find out how the St. Clair County-based attorneys can assist you online or by calling (205) 338-4411.