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Marital Property
Defined
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"Marital
property" means the property, however titled, acquired by 1
or both parties during the marriage.
"Marital property"
includes any interest in real property held by the parties
as tenants by the entirety unless the real property is
excluded by valid agreement.
"marital property"
does not include property:
(i) acquired before the marriage;
(ii) acquired by inheritance or gift from a third party;
(iii) excluded by valid agreement; or
(iv) directly traceable to any of these sources.
To Simplify the Subject
of Marital Property
Think Of Marital
Property as Value Acquired During Marriage, No Matter How
Titled, and you Will Understand Marital Property.
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How
the Process Works
The
court must initially characterize all property owned by the
parties, however titled, as either marital or nonmarital.Once
characterized, the value of the marital property must be
determined.Thereafter, the value of the nonmarital property of
each spouse is assigned to that spouse and the value of the
marital property is equitably distributed between the spouses.
It is the source of funds that is of paramount importance in
characterizing property as marital or nonmarital. There are
other issues to consider in this area. For example:
Dissipation
Commingling Of Funds
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Real Property
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Personal Property
Pensions
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