• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Divorce Magazine

Since 1996 Divorce Magazine has been the Internet's leading website on divorce and separation. We provide advice about divorce law, divorce lawyers, family law, custody, support and other divorce related issues along with a directory of divorce professionals.

  • Home
  • Divorce Professionals
    • Add Your Listing Here
  • Blog
    • Alternative Dispute Resolution (ADR)
    • Children’s and Parenting Issues after Divorce
    • Considering Divorce
    • Co-Parenting after Divorce
    • Coping with Divorce
    • Financial Issues
    • Inspirational Stories and Advice
    • Legal Issues
    • Relationships and Dating
    • Becoming a Blogger for DivorceMag.com
    • Video Blogging
  • Articles
    • Alimony and Spousal Support
    • Child Support
    • Child Custody
    • Children and Divorce
    • Coping with Divorce
    • Divorce and Annulment
    • Divorce News and Statistics
    • Family Lawyers
    • Financial Issues
    • Legal Issues
    • Relationships and Dating
    • Write for Us
    • General
  • FAQs
  • Videos
  • Podcasts
  • eNewsletter
  • Advertise
  • About Us
    • Press Releases
    • Submit an Article
    • Be Our Professional Blogger
    • Become a Blogger
    • Contact Us

How is it determined which of our property is marital and which is separate?

By Bari Zell-Weinberger Updated: August 08, 2019Categories: Asset and Property Issues, FAQs, Financial Issues, Legal Issues

How is it determined which of our property is marital and which is separate?

For purposes of equitable distribution in a New Jersey divorce, marital assets include money and property that spouses acquire either separately or together during marriage, regardless of how property may be titled. Similarly, marital debt includes debt incurred by either or both spouses during marriage, although courts will sometime treat debt that has dissipated marital assets (gambling debt, for example) as separate debt of the responsible spouse. Property or debt that one spouse brings into marriage, as well as property one spouse inherits or receives as a gift (from a person other than the spouse) either before or during marriage, or purchases with other individually owned property, is generally treated as separate property. If marital assets or marital labor contributes to an increase in value of a separate asset, however, part or all of that increase could be considered marital property.

A spouse alleging that any property owned on the date a divorce complaint is filed is separate rather than marital will have to produce evidence. This can be complicated. If separate property has been mixed (“commingled”) with marital property, the separate origin must be clearly traced with financial or title records.

Courts can interpret commingling as evidence of intent to change, or “transmute,” separate property into marital property. Transmutation can also be accomplished through a prenuptial or postnuptial agreement. A spouse can transmute a marital home that was originally separate property into marital property simply by changing title to the property during marriage to include both spouses as “tenants by the entireties.”

This just a brief overview of marital and separate property in New Jersey equitable distribution. Consult a knowledgeable attorney for specific information.


Bari Zell-Weinberger is a Certified New Jersey divorce lawyer and partner with the firm of Weinberger Divorce & Family Law Group, LLC. in Parsippany, New Jersey, where she exclusively practices family and matrimonial law.

Related Content

  1. Ohio Divorce & What to Consider When Making Separate Property Claims
  2. How is marital property classified and characterized in Texas?
  3. How is it determined which of our property is marital and which is separate?

December 16, 2013 (0) Comments Categories: Asset and Property Issues, FAQs, Financial Issues, Legal Issues

Reader Interactions

Add A Comment Cancel reply

sidebar

 

Divorce Professionals

Divorce Lawyers

Divorce Mediators

Business Valuators / CPAs

Collaborative Practice






Divorce Magazine
2019 Spring Issue

Download Now

top divorce blog
Ranked as the #1 Divorce Blog on the Internet since 2016!

Recent Articles

  • Divorce Support Groups: How to Find the Right One for You

  • Protect Yourself from Burnout: Find Harmony in Everyday Life after Divorce

  • 5 Tips for Figuring Out Life During and After Divorce

  • How Financial Mismanagement Impacts a Marriage

  • 6 To-Dos When Facing a Divorce in the New Year

Recent Posts

  • Divorce Support Groups: How to Find the Right One for You
  • How Financial Mismanagement Impacts a Marriage
  • The New Decade: Will You Choose Freedom or Fear?
  • Financial Matters During Divorce: Things to Consider
  • Kid’s Clothes and Divorce: Dirty, Clean Mixed With Dirty, or Missing!

Footer

Helpful Divorce Article Categories:

  • Alimony and Spousal Support
  • Child Custody
  • Child Support
  • Children and Divorce
  • Divorce and Annulment
  • Divorce News and Statistics
  • Financial Issues
  • Legal Issues
  • Relationships and Dating
  • DivorceFAQs
  • Divorce Podcasts
  • Divorce Blogs


Visit Our Websites:

  • Divorce Marketing Group
  • Divorced Moms
  • The Divorce School

Follow Us on Social Media

Follow Us on FacebookFollow Us on TwitterFollow Us on PinterestFollow Us on LinkedInFollow Us on Instagram
  • Contact Us
  • Writer's Guidelines
  • Terms & Conditions
  • Privacy Policy

Copyright © 2019 Divorce Marketing Group & Segue Esprit Inc.
All rights reserved. Reproduction in whole or in part without prior written permission is prohibited.