Marital vs. Separate Property: Why Title Matters in Divorce

If you inherit money or property while you’re married, is it automatically yours in a divorce? What about assets you owned before the marriage?

Jarrod Oxendine and Christine Palmer break down the difference between marital and separate property and explain how separate assets can become more complicated when they are mixed with marital property. They discuss inheritances, joint bank accounts, retirement accounts, real estate, and what can happen when separate funds are commingled or property is retitled during the marriage.

They also explain why documentation matters, especially when trying to establish what you owned before the marriage, and how marital contributions to an otherwise separate asset can create a marital interest.

The key takeaway: title matters. Understanding how your assets are held and keeping separate property separate can make a significant difference if a marriage ends in divorce.

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