Appreciation of Separate Property

How Much Have Your Assets Appreciated During Your Marriage?

The separate property that spouses bring with them into a marriage may remain characterized as separate property in the event of a divorce, but any increased value of the assets may be reclassified as commingled or marital property, subject to equitable distribution under the law.

If you are a person of high net worth, it is important that your assets are properly characterized as separate or marital property. It is equally important to obtain a proper appraisal of property value in a divorce. Even when separate property has been protected by a prenuptial or post-nuptial agreement, the appreciated value may be subject to division.

Stange Law Firm, PC, offers knowledgeable, experienced representation for clients of high net worth who are seeking fair distribution of the appreciated value of their property. In Missouri and Illinois, all marital property is subject to equitable division. Spouses do not automatically receive fifty percent of separate property (property acquired before marriage, by gift or inheritance). The courts will consider the question: What did the spouse contribute to the asset during the marriage, which may have resulted in an appreciated value? That often means examining intangible contributions in the home that allowed the titled spouse to work toward increasing the value of the asset.

Dividing Sole Owner Property In Divorce

Whether or not a spouse should gain access to the asset requires in-depth investigation and knowledge of complex financial circumstances, including valuation of the business, investment accounts and the value of a business. Our firm works with independent financial accountants and valuation experts to ensure the property is fully and accurately evaluated for appreciated net worth.

Stange Law Firm, PC, will discuss issues such as:

  • Characterization of property as separate property, commingled or marital property
  • Appreciated value of a business or professional practice over the length of the marriage
  • Indirect contributions and efforts of the spouse to increase the value of the property
  • Gaining access to the asset requires

Contact Our Attorneys in Missouri, Illinois & Kansas

For more information about how our lawyers can assist you with separate property in divorce, contact us online or by phone to schedule a confidential consultation at one of our convenient locations.