| Maury |
| (Carpal \'Tunnel) |
| 12/13/11 10:34 AM |
|
Re: Sep. imminent -- no agreement -- household items?
|
Every asset is presumed marital until proven otherwise. That means it is part of the marital estate and divisible in divorce. The person seeking a different designation bears the burden of proving it by a preponderance of the evidence.
Non-marital assets are categorized in state statutes and often include: (1) premarital assets; (2) assets acquired by inheritance; (3) Assets acquired by gift to one , but not both parties. Non-marital assets are generally awarded to one party and not divided in divorce. The categories of non-marital assets vary from state to state.
You should make a list of any big ticket property items and/or document their existence with a video camera or photo. generally, courts are not interested in smaller items such as the silverware, cups, dishes. As a result, your focus should be on the larger items.