Can separate property become marital property?

Can separate property become marital property?

When you have been married and living with a person for a number of years, it may be hard to remember what was yours and what was your partner’s from before you were married. Though this is not something that really matters while you are happily married, if the marriage turns sour, you may find yourself considering divorce. In a divorce, you will have to determine whether which property is marital property and which property is separate.

Separate property is everything you owned prior to the marriage, as well as anything you inherited or were gifted and kept in a separate account. Marital property is any property that you acquired at some point throughout the course of the marriage. One of the questions that divorcing couples often have is whether separate property can become marital property.

Some of the ways in which separate property can become marital is if finances are put into a joint account and be commingled, if once separate property received contributions from the other spouse, and more.

If you have a prenuptial agreement put into place and you already made decisions about property in the event of a divorce, your separate property will remain separate. However, you should know that your prenuptial agreement must have already been signed and filed before you were actually get married. If you are considering divorce and need the assistance of an experienced attorney, contact our firm today.

Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.

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