Even in the most amicable divorce, property division can be a complex and sensitive topic. It is one aspect of divorce that is more difficult than others to manage without an attorney. When it comes to property distribution law, Montana is an equitable distribution state which means that instead of dividing all marital property equally down the middle (“fifty-fifty”), the marital property is divided in a fair and impartial manner.  When dividing a marital estate, a judge considers a variety of factors such as the length of the marriage, the earning power of each spouse, each party’s age, each party’s health, and the contribution of each spouse to the marriage.

Common property division questions:

  • Can I keep the house I owned before my marriage?
  • What is the difference between marital property and separate property?
  • Should I fight to keep the marital home?
  • How can I find out about my spouse’s property and debts?
  • Will my spouse get part of my retirement accounts?
  • What will happen to our family business?
  • Will I be responsible for my spouse’s debts?
  • Do I need to file a temporary financial restraining order to stop my spouse from spending?
  • How can I know if my property settlement is fair?

Whether you have a few assets or a large estate, we can help you understand the legal principles that apply to dividing your property in Montana. We can answer your questions about business valuations, gifted and inherited property, real estate transfers, retirement accounts, division of personal property, and who gets the vehicles. We can also help you prepare the necessary forms to divide your property tax-free and without penalty.

Here are some of the legal services related to property division and property settlements that we can help you with:

  • General property division. Our family law attorneys can answer your questions about property settlement and explain the steps to complete this process from beginning to end.
  • Property settlement information gathering. Our legal professionals can help gather the necessary documents regarding your property and debts before you agree to a property settlement. We can also help you understand whether your plan for property division is legal and fair.
  • Determining your spouse’s debts and assets. Our legal professionals can help in uncovering your spouse’s financial holdings, property, and debts. In addition, we can explain the difference between separate property and marital property.
  • Settlement Agreement. This is the document that outlines and finalizes your property division settlement. We can help you create this agreement or review a proposed agreement before you sign.

Contact Our Offices Today (406) 327-0600 to Speak to a Member of Our Team to Find Out How We Can Help You.