How To Divide Assets in a Divorce Without a Lawyer

Dividing assets without a lawyer is possible, especially in an uncontested divorce where both spouses agree on how to split property and debts. While legal help can be useful, many couples choose to handle the process themselves to save time and money.

Here’s a step-by-step guide:

1. Make a List of All Assets and Debts

Start by creating a complete inventory of:

• Marital assets: Property acquired during the marriage (home, vehicles, savings, retirement accounts, etc.)
• Separate property: Assets owned before the marriage or received by gift/inheritance (may not be subject to division)
• Debts: Mortgages, credit cards, loans

2. Determine What’s Marital vs. Separate

Generally, only marital property is divided in a divorce. Rules can vary by state:

• Community property states (like California) divide marital assets 50/50.
• Equitable distribution states divide assets fairly, but not necessarily equally.

3. Agree on a Division Plan

Discuss and agree on who will keep what. Consider:

• Financial needs and earning power
• Who uses or needs certain items more (e.g., the primary caregiver keeps the family home)
• Whether you want to sell assets and split the proceeds

Use a spreadsheet to track and balance the values if you’re aiming for a fair split.

4. Put Your Agreement in Writing

Create a written property settlement agreement that outlines how everything will be divided. This document should include:

• Each party’s share of assets and debts
• How retirement accounts, real estate, and joint bank accounts will be handled
• Any arrangements for spousal support, if applicable

You can use online templates or court-provided forms, depending on your state.

5. File the Agreement With the Court

Submit your signed agreement with your divorce paperwork. If approved, it will become part of the final divorce decree.

Tips:

• Be honest and transparent: Hiding assets can result in penalties.
• Use a mediator if you need help reaching an agreement.
• Double-check legal forms required by your state’s family court.

Bottom Line:

You can divide assets without a lawyer if you and your spouse can communicate, cooperate, and agree on terms. Make sure everything is documented and filed with the court to make your divorce final and enforceable.