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Determining if Your Home is a Marital or Non-Marital Asset

What Will Happen to My Marital Home in My Divorce? The marital home can be one of the most important assets in a divorce settlement. Be aware that if the property was individually acquired before the marriage, it should to be treated as separate, non-marital property and will not be subject to an equitable distribution. However, very often, the separate property may become classified as marital property due to various circumstances and that changes everything as far as asset division. If both spouses are listed as owners, if equal access to the separate property was granted to both spouses, or if the separate property has been commingled with marital assets, then that property may become ma ...