The biggest difficulty in separating out each spouse’s property and/or debts from marital property, or the “marital estate,” is that most times spouses will commingle their property and/or debts during the marriage. Unless a very clear accounting is kept making it clear that the intent of the spouses was to maintain the property or debt [...]
Archive for July, 2011
Comingling of property in the marital estate
Posted in Divorce, General Family Law Posts, Property Division, tagged commingled marital assets, commingled marital debts, Divorce, Divorce Discovery, marital estate, marital property, separate debt, separate property on July 28, 2011 | Leave a Comment »
Premarital property
Posted in Divorce, General Family Law Posts, Property Division, tagged personal property, Premarital, premarital property, separate debt, separate property on July 25, 2011 | Leave a Comment »
Premarital property is that property that each spouse brings into the marriage, which is each their separate property and generally not considered part of the marital estate. As in all things legal, there are exceptions to the premarital property laws. The biggest exceptions have to do with commingling of premarital property or debts with marital [...]
Property Division
Posted in Divorce, Property Division, tagged Divorce property, marital property, marital property division, property division on July 22, 2011 | Leave a Comment »
General Rule: property division in divorce is generally done by gathering all the property obtained during the marriage and then dividing it equitably, which usually means equally. All the property obtained during the marriage is often called the “marital estate.” The marital estate includes both assets and liabilities or, in other words, stuff and debts. [...]
