What is Separate Property?
In prior Divorce blog posts, I covered what both Equitable Distribution (click here) and Marital Property (click here) are. Read those blog posts before you read this one. Today we will go over what Separate Property is.
When dealing with Equitable Distribution, one of the of the first things you want to figure out is which property is considered Marital Property and which is Separate Property. Separate Property, in general, is not subject to Equitable Distribution (with potential exceptions). Usually, Separate Property (with some exceptions) is anything acquired prior to the marriage. So, if you owned a car prior to the marriage, there is a chance that car is Separate Property, and your spouse is not entitled to any equity from it in the Divorce. This is a really important distinction because if you can deem something as Separate property, your spouse usually has no equitable right to it, and it’s an asset you should not have to worry about in a Divorce proceeding. Marital v. Separate property can be the cause of a great deal of contention and arguing in Court.
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