Marital Property

Understanding Marital and Separate Property

Marital property generally includes all assets and debts accumulated during your marriage, regardless of who earned it or whose name is on the title or deed. Retirement plan assets, savings, houses, businesses, cars, motorcycles and credit card debt are examples of marital property. Marital property is subject to equitable division between you and your spouse. Equitable division may or may not be 50-50.

Separate property includes assets you owned before your marriage or received as a gift or inheritance during your marriage. Separate property is yours to keep in divorce. However, it is up to you to prove that an asset is separate property. There are things you can do that may change separate property into marital property such as depositing money or stock in a joint account or refinancing a house and adding your spouse's name to the deed.

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