Division of Marital Property


Polk County Florida Family Law Firm providing Division of Marital Property Attorney – Lawyer Legal Services in Lakeland, Winter Haven, Bartow, Polk County, and the surrounding Central Florida area.


What is Marital Property?

Marital Property is the property and assets accrued during the course of a marriage. In addition, property brought into the marriage and shared by both spouses during the course of the marriage may sometimes be considered in the equitable division, or distribution of marital property during the divorce process.

When a marriage fails and goes into the divorce process all relevant property and assets must be divided prior to a divorce being made final. If both parties cannot agree on the terms of dividing the marital property the court will hear arguments and render it’s decisions regarding the marital property in question, as well as any other divorce issues that cannot be amicably resolved prior to the appropriate court hearing.

In general marital property may be deemed to be:

  • The family home, and other real estate or investment property;

  • Automobiles, Motorcycles, Motor Homes, or other conventional modes of transportation;

  • Jewelry;

  • Recreational vehicles, such as boats, ATV’s,

  • Checking and Savings Accounts;

  • Pension Benefits, IRAs, 401(k)s, stocks, other investment interests;

  • Or other items of monetary value and/or sentimental value.

What the Court Generally Considers in Equitable Division of Marital Property Cases?

When considering how the marital property should be divided the court will often take into account:

  • Duration of the marriage;

  • Physical and emotional health of the parties

  • Premarital property of the parties

  • Existence of marriage contracts made by the parties before or during the marriage concerning an arrangement of property distribution;

  • Conversion of marital assets to private use

What is your Marital Property Attorney’s Role in your Case?

Since marital property is often one of the most highly contested areas of a divorce, it is important to go into marital property negotiations with a calm and steady frame of mind. Your marital property attorney will provide you a voice of reason that is designed to successfully resolve your marital property issues prior to the scheduled court hearing regarding marital property. As mentioned above, a failure to amicably resolve marital property issues prior to the appropriate hearing could result in the court making marital property decisions for you. For this reason it is important for your attorney to calmly negotiate for your demands while also tying to limit the frustration of the other party which could lead to delays, a harder stand on certain issues, cost you more money to accomplish your marital property goals, or even have marital property choices taken out of your hands by the court.

For more information regarding equitable division of marital property in the State of Florida, contact our office by calling 863.937.9100.

Each marital property attorney, lawyer, and staff member in our law firm are ready to assist you in even the most difficult of legal challenges you may be facing. We will aggressively represent your legal needs, interests, and goals regarding your division of marital property issues, as well as other divorce and family law related legal issues.

If you must address division of marital property issues in Lakeland, Winter Haven, Bartow, Polk County, or the surrounding Central Florida area, speak to an experienced marital property attorney – lawyer at Carroll Law Group, P.L. today by calling 863.937.9100.

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