The answer to your question depends upon what type of assets are at issue, and when and how they were acquired, and whether or not your spouse played any part in increasing their value. In New Jersey all property except for gifts and inheritances that are acquired once you become married is considered marital property. All other assets that you had before the marriage, or that are or acquired before or during the marriage by gift or inheritance are considered to be your own separate property. The law of equitable distribution can become very complicated if there is commingling of your separate property with marital property, or if your spouse helped to increase the value of your separate property.

The court will analyze and review the value of your separate property on the dates either when you were married or when it was commingled. The court will also analyze when and how your spouse helped to increase its value. In the typical divorce case, the court will try to determine how much value your spouse contributed to the asset. Thereafter, the court will try to apportion a fair split of that asset.

Family heirlooms are some of the more easy types of assets to protect from commingling. The major rule is that you should always try to avoid commingling your assets with your spouse. However, this is easier said than done! Therefore, if you have inherited a stock portfolio, then you and your spouse should never trade in and out of that portfolio. This same rule also applies to savings account, a CD, a trust account, a checking account, a mutual fund, or any other type of any asset that you own. Nonetheless, if you should happen to commingle these assets, then you can still protect your separate property as long as you can prove or trace the money from your separate account.

One again, you will be required to trace and to prove that your separate property was part of the original purchase price of the home. It is always highly advisable to keep your checks and other records. Most New Jersey courts will give a spouse a dollar-for-dollar credit only for the amount of money that he originally put into the home, even if it increased in value.