Division of Property

Division of Property

The first step is to figure out which assets are marital and which are non-marital. Marital assets are acquired during the marriage and non-marital assets are those one party bring into the marriage or receives as a gift or inheritance during the marriage.

Even if the parties don’t hold a joint title to the property it still is considered marital property if it was acquired while the couple was married. If a person is claiming property as non-marital they bear the burden of proof.

Some property can be both marital and non-marital. For instance, if a person owned a house prior to the marriage the equity of the house at the time of the marriage could be considered non-marital. The portion of the property that would be considered marital would be the difference between the equity at the time of the marriage and the equity today.

The general rule is the court will divide your assets equally. The court can allocate assets disproportionately if there is any sort of fraudulent conduct or wasting of assets.

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