Will I Get to Keep My House, My Car, and My Property After My Divorce?

Wooden judge gavel with house and car key. Property Division in Divorce

Dividing property during a divorce can be one of the process’s most stressful and challenging parts. Understandably, each partner may be concerned about what they’ll retain as they move forward into a new phase of life. Speaking to an experienced divorce lawyer about assets division is the best way to gain a more straightforward answer to the question: “Will I get to keep my house, my car, and my property after a divorce?” Schedule a consultation with a qualified and compassionate Phoenix property division attorney to walk you through dividing assets in your state.

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Equitable Distribution vs. Community Property States

Divorce law and inheritance separation concept. Hand separate saving money, finance, home loan, debt return with piggybank and wood house.

Regarding the division of assets during a divorce, states generally follow one of two systems: equitable distribution or community property. In equitable distribution states, marital property is divided fairly—but not always equally. Courts consider a range of factors, such as the following:

  • The length of the marriage
  • The income and earning potential of each spouse
  • The ages and physical and emotional health of both parties
  • The individual contributions to the household (financial and otherwise)
  • The needs of any children involved, such as custody and support 
  • Anticipated future medical or educational costs for a spouse or child
  • The fault or misconduct of a spouse during the marriage (in some cases), such as infidelity or financial impropriety

This approach allows judges to tailor the division to the unique circumstances of the couple, which can result in one spouse receiving a more significant share if deemed appropriate. On the other hand, community property states take a more rigid approach. In these states, most property and income acquired during the marriage are considered jointly owned—or community property— and are typically split 50/50 upon divorce. Examples of assets include:

  • Earnings and income
  • Real estate (homes, rental properties, and land)
  • Personal property acquired during the marriage (cars, furniture, appliances)
  • Bank accounts, financial investments, retirement accounts, and pensions accumulated during the marriage
  • Acquired businesses or growth of a spouse’s business during the marriage
  • Severance pay replacing marital earnings
  • Personal injury awards

Spouses typically share responsibility for debts, and depending on the state’s laws, creditors may have the right to pursue community property to collect on debts owed by either spouse—regardless of whose name is on the account. In many cases, the title or ownership label does not protect property from being used to satisfy marital debts.

However, the extent to which creditors can access shared assets differs widely from state to state, making it essential to understand the specific debt liability rules where you reside. Consult a local divorce lawyer to understand which system your state follows and what that means regarding who gets to keep the house, the car, and other property after the divorce.

What Constitutes Separate Property in a Divorce?

Separate property refers to assets already owned by one spouse before the marriage or acquired individually during the marriage through inheritance or gift—for example, if a parent or sibling gifted a car to one spouse. Separate property usually remains with the original owner and is not divided during a divorce unless commingled or mixed with community property. Proper documentation and clear boundaries between community and separate property are necessary to ensure a fair division of assets during divorce proceedings.

How a Divorce Lawyer Helps With Asset Division

Lawyer or judge's wooden hammer and books

A divorce lawyer significantly benefits you during asset division by protecting your financial interests. They ensure a thorough evaluation of all assets before determining a plan for recovering your fair share. With a strategic approach and a deep understanding of property division laws, a divorce lawyer can secure a settlement that supports your financial stability during and after the divorce.

Identifying and Valuing Assets

Divorce lawyers play a key role in identifying and valuing assets to ensure a fair and equitable division during the divorce process. From identifying and valuing marital and separate property to uncovering hidden assets and negotiating fair terms, your attorney works to achieve an equitable distribution based on your state’s laws and unique circumstances. They understand how to address high-value assets, retirement accounts, investments, business interests, and debts, ensuring nothing is overlooked or unfairly divided.  They help gather and organize financial records, uncover hidden or overlooked assets, and distinguish between marital and separate property. Attorneys often collaborate with financial professionals such as appraisers, forensic accountants, and tax experts to accurately assess the value of complex assets like businesses, retirement accounts, and investment portfolios. By thoroughly identifying and valuing assets, a divorce lawyer protects your financial interests and ensures all property is accounted for in the final settlement.

Negotiating a Fair Division

Divorce lawyers are instrumental in negotiating a fair division of assets by advocating for their clients’ best interests while working toward a balanced resolution. They bring experience and objectivity to intense or heated discussions, helping to prevent conflicts from escalating and ensuring both parties’ rights are respected. With a clear understanding of state laws and equitable distribution principles, attorneys can propose fair compromises, structure creative settlements, and protect their clients from unfair demands. Their negotiation skills are especially valuable in complex divorces involving businesses, high-value assets, or unique financial arrangements, helping clients reach agreements that support their long-term financial stability.

Protecting Your Legal Rights

Protecting your legal rights during your divorce is vital. Divorce attorneys ensure that all aspects of the divorce—such as property division, spousal support, child custody, and visitation—are handled per local law and in your best interests. By thoroughly reviewing your case, a divorce lawyer can identify potential legal issues, advocate for your rights in negotiations or court, and prevent you from being taken advantage of during emotionally charged decisions. Their experience handling cases similar to yours helps you avoid costly mistakes and ensures that your voice is heard, your rights are upheld, and the outcome reflects your legal entitlements.

Speak to an Experienced Divorce Attorney

If you’re facing the challenges of divorce and wondering if you’ll get to keep your house, car, and other properties, speaking with an experienced family law lawyer can provide the clarity, support, and advocacy you need during this pivotal time. Don’t navigate this process alone. Schedule a consultation to clarify specific asset division in your case.