Serving Rome, New York residents with legal issues

Property that is considered separate in a divorce

by | Feb 7, 2017 | Property And Asset Division

non-marital and what is community property, so they can divide things accordingly. Depending on the circumstances, when trying to determine what property is separate, the answer can come easy because of the laws that have been laid out regarding this matter.

The following property is considered separate property in a divorce:

  • Property inherited by one spouse.
  • Property given to one spouse prior to the marriage.
  • Property given to one spouse during the marriage.
  • Property that was purchased prior to the marriage.

People have to be careful when assuming that their property is separate. Spouses can sometimes be surprised to find out that property they believed belonged only to them is marital and at risk of being divided during the divorce. For example, one spouse may purchase a car with money they have earned from their job during the marriage. They will probably believe it is separate property. However, in community property states, any asset acquired during the marriage would be considered as marital property. This is something that happens quite often because people aren’t really clear on property division laws.

Although property division can cause many couples a headache, in addition to the many other topics that have to be addressed, dealing with this issue isn’t always stressful. When it is clear what property belongs to whom, this one aspect of the divorce can actually go smoothly and possibly speed things up. If you need help with your divorce or need answers about property division, you can speak to an attorney at your earliest convenience.