In some states a spouse can actually go to the recorder’s office in the county in which he or she resides and file a record or schedule of his or her separate property. This creates a presumption that such property is, and was at the time of the filing, separate property of that filing spouse. Again, one must check his or her individual state law to see if such an option exists.
If a couple owns a home, how does the court determine who gets the house if they desire a divorce? Several factors are considered by the courts in doing so (iStock).