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If it isn’t yours, you’re not getting it. Marital Property in Alabama

mycasewebsites2 • Dec 23, 2015

Ah, the issue of marital property and equitable division…it’s what’s on everyone’s mind for Christmas! I regularly engage clients who have, over the years of their respective marriages, become comfortable with purchasing or owning property to which neither party is titled in any way. They “rent-to-own,” without a contract. They agree to allow the marital residence to be titled in the name of one of the spouse’s parents. They pay a car note for a vehicle titled to another relative, and on and on. Then one day, surprise! The spouse whose relatives actually own all of the significant marital property wants a divorce.

They come to see me and get the proverbial “kick in the nuts,” because I have to tell them that the “sweat equity” they have in that property is now worth nothing. For a Court in Alabama to award property in a divorce proceeding, the property must be that of the marriage, owned and acquired by at least one party to the marriage during the course of the marriage, purchased with marital income.

Here’s a more detailed review of the issue from Forbes Magazine:  http://www.forbes.com/sites/jefflanders/2011/04/12/understanding-how-assets-get-divided-in-divorce/

Now, Ron didn’t say that the Ninja Juicer has to be titled in both parties in ordered to be marital property. However, at least one of the parties must have ownership or title of an asset for the Court to engage in the  equitable   division of that asset. If at least one of the parties can be shown to be the owner of a particular thing, the Court can at least consider evidence as to how it should be divided. Otherwise, it isn’t marital property and you’re not going to get it.

What’s the take-away here? Don’t allow yourself to get bamboozled into believing that the asset you are working so hard to pay for and/or improve is actually yours if you name isn’t on the title. I recognize there are situations in which actually owning something may not be a good idea financially. Just know that, no matter what you’ve contributed to an item, if you or your spouse don’t own it, it can’t be divided by the Court.

For a more detailed analysis of your particular situation, call or email me for a free initial consultation. (251)445-0891 or ron@mcbaylaw.com. Merry Christmas!

Love is a Battlefield-VA Disability Payments in Divorce

By mycasewebsites2 • 29 Aug, 2018
Mobile, Alabama has its fair share of military service members, veterans, and retirees. Sometimes, those folks get divorced. When they do, the military spouse’s military retirement is subject to equitable division by the Court. Either the parties agree on the division of military retirement or the Court divides it. In any event, the non-military spouse […] The post Love is a Battlefield-VA Disability Payments in Divorce appeared first on The Law Offices of Teague and McBay.

Making Up Is Hard to Do

By mycasewebsites2 • 24 Apr, 2018
Thankfully, I’ve recently had a spate of couples who have decided to try and make their marriages work after filing a divorce. In a couple of instances, even after a great deal of fighting and legal wrangling, I’ve had clients lay down their swords and engage in reconciliation. I love it when that happens. In […] The post Making Up Is Hard to Do appeared first on The Law Offices of Teague and McBay.

What’s Different about McBay Law?

By mycasewebsites2 • 05 Sep, 2017
I grew up watching Sesame Street. I loved Oscar and the Cookie Monster. One of my favorite regular skits was the “One of These Things is Not Like the Other.” I loved picking out the thing that was different. Of course, there were only ever four “things,” so choosing what was different was relatively easy. […] The post What’s Different about McBay Law? appeared first on The Law Offices of Teague and McBay.

Free Milk and a Cow: Common Law Marriage

By mycasewebsites2 • 06 Jul, 2017
More than 30 years ago, the Georgia Satellites released a song about a marriage ultimatum: “Keep Your Hands to Yourself.” The lyrics document the struggle between the singer and his lover over the terms of their relationship. We don’t know how that story ends; whether the couple married or split up. The song came to […] The post Free Milk and a Cow: Common Law Marriage appeared first on The Law Offices of Teague and McBay.

Step-Parents and Custody Fights

By mycasewebsites2 • 06 Jun, 2017
For those of you reading my blog for the first time, I am a divorce and family law attorney who is divorced, has children, has remarried, and has another child in my current, and final marriage. Confused? Don’t be. I often write from the perspective of a Dad who has children for whom I have […] The post Step-Parents and Custody Fights appeared first on The Law Offices of Teague and McBay.

Testimony in Divorce Cases: Don’t Monologue

By mycasewebsites2 • 30 Mar, 2017
If you have children, you’ve probably seen The Incredibles. I’ve seen it a MILLION times. One of my favorite scenes is the one in which Syndrome, who has Mr. Incredible in a seemingly inescapable situation, realizes that he is monologuing. Of course, monologuing is a common theme in all sorts of hero/villain movies. The hero is […] The post Testimony in Divorce Cases: Don’t Monologue appeared first on The Law Offices of Teague and McBay.

Common Law Marriage Requires Regular Divorce

By mycasewebsites2 • 22 Mar, 2017
Recent Events in Divorce and Family Law If you live in Alabama, you may know someone who has a common-law husband or wife. While only a few states recognize marriages with the absence of an official license, Alabama is no longer one of them. Before January 1, 2017, you could have avoided the ceremony, the […] The post Common Law Marriage Requires Regular Divorce appeared first on The Law Offices of Teague and McBay.

Waiting for the End of Time: Divorce in Mobile, Alabama

By mycasewebsites2 • 30 Dec, 2016
As a child of the seventies and eighties, I have vivid memories of hearing “Paradise by the Dashboard Light” as performed by Meatloaf on the radio. Of course, early on, I had no frame of reference for the story told in song about the heat of passion and the consequences. For those of you who’ve […] The post Waiting for the End of Time: Divorce in Mobile, Alabama appeared first on The Law Offices of Teague and McBay.

The Effects of Cohabitation on Alimony in Alabama

By mycasewebsites2 • 02 Nov, 2016
If you are paying or receiving alimony as part of a Divorce Order in Alabama, this one is for you. Under Alabama Law, the obligation to pay periodic alimony terminates upon the receiving party’s “cohabitation” with a member of the opposite sex. So, what does that mean? Under the case law, cohabitation is that thing […] The post The Effects of Cohabitation on Alimony in Alabama appeared first on The Law Offices of Teague and McBay.

If it can happen to Brad Pitt, it can happen to you.

By mycasewebsites2 • 29 Sep, 2016
Unless you’ve been living under a rock, you’ve probably heard about what a mean son-of-a-bitch Brad Pitt is and that Angelina Jolie just can’t take it anymore. Multiple media outlets were eager to scoop Angelina’s side of the story about his anger management issues and how he’s a danger to the children. Lucky for Brad, […] The post If it can happen to Brad Pitt, it can happen to you. appeared first on The Law Offices of Teague and McBay.
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