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Baginski Brandt & Brandt Port St. Lucie Criminal & Family Attorneys
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Divorce Lawyer Stuart FL

Divorce Lawyer in Stuart FL: Property Owned By Each Spouse Prior To Marriage

No matter what state you live in, the property that was owned by each spouse before they got married, as well as any that was given to them or inherited during the marriage, will usually stay separate. This will be the case whether they are following an equitable distribution or community property scheme. You may find out that it could end up being considered as a whole for the total circumstances when it comes to a good allocation of all of the marital property. Additionally, if there is non-marital property that is not kept separately from the marital property, these items may end up losing their separate characterization and could end up being subject to division.

Example: Divorce Lawyer in Stuart FL

If there is one spouse that possesses a bank account holding $5,000 prior to the marriage, yet during the marriage the spouses were both making deposits as well as withdrawals, the amount that is in the account when the separation or divorce takes place will more than likely be deemed as marital property that will have to be divided between both the husband and the wife. By the same token, if there is a spouse that has a $5,000 account and only deposits non-marital money, including inheritances for them alone, the money that is in the account will more than likely remain with that particular spouse through the divorce.

How A Divorce Lawyer in Stuart FL Can Help You Keep Your House

Houses owned by one of the spouses before marriage can present unique issues seeing how both of the contribute to the mortgage and the maintenance of the home during the marriage. There are some states where the commingling of these asses will convert into marital property. Sometimes the fairer way of working on such a resolution is the equity that is in the home at the time that the marriage takes place remains the property of the original owner. If this happens, the increase in the equity value that takes place during the marriage will belong to both of the spouses.

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