Dividing assets in divorce is challenging in itself, but agricultural properties can add layers to its complexity. Family farms aren’t just assets. They’re livelihoods, legacies and often multi-generational businesses.
Understanding the unique considerations and steps involved in dividing agricultural assets can help you undergo this process with clarity and purpose.
Types of agricultural assets
When dividing farm property, you’ll need to identify and value all assets involved, including:
- Crops and livestock
- Farm equipment and machines
- Land and buildings
- Water rights
- Farm subsidies and contracts
- Future income from crops
Your farm’s worth may fluctuate based on factors such as crop yields, market prices and weather conditions, making professional valuation essential.
Most states, including Washington, consider assets acquired during marriage jointly owned. However, farms are often a mix of separate and community property, especially if you or your spouse owned the farm before marriage or inherited it. This characteristic highlights the importance of carefully examining each asset’s origin and status.
Strategies for division
When dividing farm assets, consider these approaches:
- Buyout: One of you keeps the farm and pays the other.
- Co-own: You both keep the farm, but usually only one of you runs it.
- Sell and split: You sell the farm and share the proceeds.
- Divide up: You split the land and assets between yourselves.
Your best strategy depends on factors such as your farm’s size, profitability, your desire to continue farming, tax implications and long-term viability.
Steps in the division process
The process of dividing agricultural assets typically involves several key steps:
- Making a list of all farm assets
- Getting experts to value your assets
- Sorting assets into separate or shared property
- Negotiating with your spouse and attorneys
- Looking into how taxes will affect each option
- Putting your final agreement in your divorce papers
If you want to keep the farm going, consider documenting your contributions to its growth. You can also explore mediation to find creative solutions and consider conservation easements.
Courts aim to be fair when dividing property. They usually consider your finances, the nature of your property and how long you were married.
Protecting your agricultural legacy
When you divide agricultural assets in divorce, you’ll need to balance legal, financial and personal considerations. By understanding your assets, division strategies and the process, you can approach this challenge more confidently.
Your goal is to create a foundation for a sustainable future for your family, whether in agriculture or in transitioning to a new chapter in your lives. Consulting a family law attorney is advisable. They can help guide you through this complex division process and protect your interests and legacy.
