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Family Law

Divorce

How does a court determine whether property is marital/community property or separate property?

Generally speaking, property acquired during the course of a party’s marriage is considered marital property, meaning that it is subject to an equitable division by the courts. Property that a party had before entering into marriage may well be considered separate, non-marital property. Courts do not have the power to apportion separate, non-marital property. In many states, if one party inherits money from her parents, that property also would be considered separate property.



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