Is It Possible To Keep One Asset That I Really Want in a Divorce?

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Unknown Speaker 0:00 Hello, and welcome to 60 seconds with Sergio. I’m your host Sergio cabanas attorney at law here in Florida. Thank you for joining me today. Today’s question is, Sergio, I have a divorce that appears to be imminent, I have no way to avoid it. But I’m very concerned about losing a particular asset in a divorce.

Usually people are concerned about losing a house or a boat or a car or a business, we don’t have to chop everything in half and divide it up like this picture shows. So the good news is that it may be possible to keep that important asset that you really, really, really want after a divorce.

So my suggestion would be consult with an attorney because sometimes we can find an exception for you to keep that asset. For example, we will try to argue that it’s non marital and therefore not subject to a division in a divorce. Usually, that could be a pre marital asset, an asset you acquired prior to the marriage, or it could be an asset that you’ve gotten through an inheritance or through a gift that was given only to you, it is possible to keep that all out of a divorce, whenever that’s not possible.

That is if we can’t find some other legal basis for an exception. What we could do is negotiate the asset and not divorce. It’s very common in a divorce to kind of negotiate these assets back and forth. It’s kind of like worst trading, if you give me this, I’ll give you that, etc, etc, etc. So everything’s negotiable. And our creativity is the limit so long as the parties agree. So just keep in mind there are ways to avoid this from ever happening.

I hope this short video provides you some guidance over this important subject. Once again, thank you for joining me today. And as always, stay informed so you could stay strong Transcribed by

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Pembroke Pines, FL 33029
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Sergio Cabanas, Esq. | Family Law Attorney | Cabanas Law Firm

Sergio Cabanas, Esq. founded the Cabanas Law Firm in 2006 and provides Divorce and Family legal services, as well as Estate Planning, to ensure his clients have planned for their newly single life and are protected after their divorce. He began his career in law in 1992 as a prosecuting attorney at the Broward County State Attorney’s Office, then continued his litigation track as an insurance defense attorney defending medical professionals against medical malpractice claims and expanded into disability and life insurance claims. Sergio is a Certified Mediator registered in the Supreme Court of Florida and a frequent speaker in the community about the importance of Estate Planning to keep families out of probate court and to prepare essential instructions in the event of disability or incapacity.