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LSDefine

Simple English definitions for legal terms

Marital Property

Read a random definition: travaux préparatoires

A quick definition of Marital Property:

Marital property refers to all property acquired by spouses during their marriage, regardless of whose name is on the title. This includes property that has increased in value due to the efforts of both spouses. Separate property, on the other hand, is property acquired before the marriage or through inheritance or gift during the marriage. In most states, marital property is divided equitably or fairly between spouses during a divorce, taking into account factors such as the duration of the marriage, the value of the property, and each spouse's contributions. Some states, however, follow the community property approach, where both parties are assumed to equally share all community property acquired during the marriage. Separate property cannot be divided by courts in most jurisdictions, and property division awards are unlikely to be modified after the divorce is finalized.

A more thorough explanation:

In a divorce case, all property owned by spouses is divided into two categories: marital property and separate property. Marital property is property acquired by spouses during their marriage, regardless of whose name is on the title. Separate property is property acquired before the marriage.

  • If a couple buys a house together during their marriage, it is considered marital property.
  • If one spouse inherits a house from their parents during the marriage, it is considered separate property.
  • If one spouse owns a business before the marriage and the business increases in value during the marriage due to the efforts of both spouses, the increased value is considered marital property.

The examples illustrate how property is categorized as either marital or separate based on when it was acquired and how it was used during the marriage.

Most states use the equitable distribution approach, which divides all marital property fairly between spouses. The court considers factors such as the duration of the marriage, the value of the property, and each spouse's contribution to the property. Community property states, such as California and Texas, assume that both parties equally share all community property acquired during the marriage.

Separate property cannot be divided by courts, and a property division award cannot be modified unless exceptional circumstances exist.

marital privilege | marital settlement agreement

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@texaslawhopefully: alas, haven’t even gotten an interview (applied around thanksgiving)
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TGM
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(Course marked as Incomplete that’s supposed to be removed)
TGM
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not sure if I should email them to say that, or just hold off on sending it and not give an excuse
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I think I just wouldn’t reach out and if they ask for them then say that
Dkk
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@tgm Yeah sounds good, say that if they ask
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Med law easy done
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Dkk
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i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
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I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
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Dkk
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Bill Clinton, first and last black president
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