Douglas Barker

Legal Separation & Divorce

Property Division

Child Custody Cases

Property Distribution

Question:

I owned my home before I got married. Will it be considered part of the property distribution?

Answer:

Each spouse is entitled to keep their personal property acquired before marriage, including  items acquired as a result of an increased value of non-marital property. Other non-marital property could be items you've inherited. That being said, the courts may consider the length of marriage while living in the home, and the contributions of a spouse to the preservation and maintenance provided by that spouse that contributed to the increased value of the home; providing that contributions can be sufficiently outlined and supported by documentation.

Also, additional consideration may be given when child custody dictates the safety and security of children while under the care of the parent awarded custody.


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