The O'Fallon Law Firm L.L.C.

Property Division

The court can only divide property if it is marital. If an asset is marital, the court must divide it between the two of you. A common misperception is that marital property must be divided equally. No law states that division must be equal. There are many factors the court must consider and ultimately the court only has to apportion marital property in a way that it deems fair. This issue is unique to each case and many different issues may factor into how a court apportions property.

Some of your assets may not be marital property. If you believe you brought an asset into the marriage or received an asset through gift or inheritance, then that issue needs to be addressed as it may not be divisible by the Court.

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