Separate property is everything you bring into the marrige and keep in your own name. It is also what you receive during the marriage as a gift or an inheritance.
Marital property is everything acquired during the marriage - no mattter whose name it is in. And in some states, but not all states, the increase in the value of separate property.
For instance, consider a $20,000 savings account brought into the marriage which earned $3,000 during the marriage and is now worth $23,000. The $20,000 would be set aside as separate property and the $3,000 would be included in the pot of marital assets to be divided.
Assume the wife adds $100 each month to her IRA which is in her name only. That is still considered to be a marital asset because it is "everything acquired during the marriage, no matter whose name it is in."
Thursday, January 4, 2007
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