Fathers must worry about more than custody rights when getting a divorce. They also must deal with their property in divorce. Without a roof over their heads and comfortable furnishings underneath it, they will not be fit to care for their children. Where divorce is concerned, father’s rights to marital property are no different than the rights of a woman. Many men believe that it is weird to fight their property rights, such as alimony, but men have the same rights as women.
Father’s Rights to Property in Divorce
During a divorce, lawyers fight for father’s equal custody rights and push for fair division of property. They want their clients to get a share of marital property and walk away with all property owned prior to the marriage. Things can get particularly sticky when it comes to inheritance and the home. Attorneys sort out all the messy details so fathers can focus on caring for their children and not worry about their property in divorce.
The marital home usually goes to the parent with most of the childrearing responsibilities. In most cases, this is the mother. However, if the father purchased the home with funds acquired before the marriage or through inheritance, the situation becomes murky. A father’s rights lawyer will prepare a case that prevents the client from losing his investment.
When a couple divorces, the wife may claim rights to inheritance acquired by the husband during the marriage. How the asset was handled upon receipt could influence how it is distributed during divorce. In general, inheritance is not classified as marital property but is the property of the person receiving it. However, if the inheritance is shared, state laws determine its treatment. For example, a state law may stipulate that inheritance deposited into a joint bank account or used to make home improvements may not be protected from equal distribution.
Even inheritance acquired before a marriage may be subject to equal distribution. State laws dictate the treatment and tend to consider comingled inheritance marital property. A man entering a marriage with prior wealth should contact an attorney to discuss a prenuptial agreement. This document will protect him if the marriage ends, allowing him to retain wealth he brought into the union.
Father’s rights are a complex area when it comes to property division during divorce. A father’s rights lawyer helps fathers walk away with the property they deserve. By maintaining a comfortable lifestyle, fathers can raise their children in the best environment possible. This increases their likelihood of being awarded some level of child custody. Though the family is broken, life can still be fulfilling. And understanding your father’s rights to property in divorce is important!
