Today on the minute – In a Divorce, What is Considered Separate Property?
But first, this week we’re talking about divorce and while I don’t want you to get divorced, if it’s something you’re in or contemplating, you need more info than these short episodes and you can get that for...
Today on the minute – In a Divorce, What is Considered Separate Property?
But first, this week we’re talking about divorce and while I don’t want you to get divorced, if it’s something you’re in or contemplating, you need more info than these short episodes and you can get that for about the cost of a latte in my ebook – How to Get Divorced Without Losing Your Blouse: 101 Things You Should Know to Protect Your Future. Get your copy by going to www.mindingyourmoneyminute.com and clicking on the shop tab or button.
One of the most frequently asked questions I get asked about divorce is can I keep what’s mine or what I came into the marriage with. And, my answer is generally – it depends. And it can get complicated.
Separate property is what you bring into the marriage, what you inherit during the marriage or what you receive as a gift during the marriage that stays separate. While marital property is anything acquired during the marriage no matter whose name it’s in and possibly the increase in value of separate property as well.
For example, if you had $30,000 in savings when you got married and it stayed just in your name in a separate account but while you were married it grew to $40,000. The $30,000 would remain separate but the $10,000 in interest could be considered marital property.
On the other hand, if you used that $30,000 that you had in savings as part of a down payment on a house that was in both of your names, it now becomes marital property.
The key here as you begin to think about what’s mine and what’s ours is to get clear about the laws in your state because they do vary from state to state. However, until you get the courts involved, you and your soon to be ex have total control over who gets what.
And, that’s the minute for today.
Thanks for listening and as always remember that minding your money really is the path to a richer life!