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What is the Difference Between Marital Property and Non-marital Property?


In states that are equitable distribution states, all the property that is acquired while a couple is married is considered marital property and any property the couple brought into the marriage is non-marital property. Other factors such as gifts and inheritances are considered non-marital. However, to ensure you understand the laws in your state governing the division of property during a divorce you should discuss the situation with a divorce lawyer as all states have laws pertaining to the division of property. Not all states are equitable distribution states so the laws differ in many ways as to the way the property will be divided.

In some cases, pensions may not be divided according to various factors. Gifts and inheritances are the property of the person that received the gifts or the inheritance and will not be divided.

When it comes to division of property, debts are also included and are divided up similar to the way in which the property is divided. To learn more about your rights under the law in your state governing division of property, division of debts and other divorce laws consult a qualified divorce lawyer locally that understands the laws governing your state.
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