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By: tompmiller | June 21, 2018


Marital Property is property that a divorce court has jurisdiction to distribute between the spouses. Non-marital property is property of one of the parties only, and a divorce court cannot decide what to do with non-marital property: it is the property of it's owner, period. How to distinguish marital from nonmarital property?


Marital property is all property that is acquired from the moment of marriage until the end of the marriage, with the following exceptions: property acquired during the marriage as a gift, inheritance or by use of only non-marital property, that is not commingled. All property acquired during the marriage is presumed to be marital, so it is the burden of the party wanting to establish it as non-marital to demonstrate&...