What’s the difference between marital property vs. separate property?
Marital property is any property acquired during the marriage or paid for during the marriage that is not considered separate property.
Separate (non-marital) property is any property owned by the spouses before the marriage or received as a gift or inheritance during the marriage. Generally, each party gets to keep their separate property, unless that property has been combined with marital property or is used in such a way that it takes on the legal status of marital property. An example of a situation where separate property is combined with marital property, rendering the whole marital property, is when money earned in during the marriage is deposited in a bank account holding money earned before the marriage. This is referred to as “commingling”.
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