Frequently Asked Marital Property Questions
Q. Is an
engagement ring marital property?
Q. Is a medical/law degree marital property?
Q. Do I lose the house if I commit adultery?
Q. Can I/my spouse take whatever I/my spouse want(s) of the
furniture when I/my spouse leave(s)?
Q. Am I responsible for my spouse's debts?
Q. My spouse is an alcoholic and was in a bad accident. Can
my house be taken to pay for the victim's expenses?
Q. Should I co�sign for the home equity loan or guarantee a
car loan or mortgage if we are not getting along?
* *
Do-It-Yourself Marital
Separation Agreements
Q. Is an engagement ring marital property?
A. No. It was acquired prior to
the marriage.
back to top
Q. Is a medical/law degree marital property?
A. Generally No. Although
the value of a professional practice is often considered when calculating
spousal support.
back to top
Q. Do I lose the house if I commit adultery?
A. Not necessarily. It depends on
may factors and is decided on a case-by-case basis.
back to top
Q. Can I/my spouse
take whatever I/my spouse want(s) of the furniture when I/my spouse leave(s)?
A. It is best if the parties can agree on a division of property. If there is a
dispute and the police are called, the police will only allow a spouse to take
clothing. In many cases a spouse leaves and takes whatever he/she wants while
the other is not present. At the time of the divorce, a Judge can decide whether
any items should be returned or one spouse is entitled to a marital award
(money) in lieu of the property taken.
back to top
Q. Am I responsible for my spouse's debts?
A. Not unless you co-signed or
signed as a guarantor.
back to top
A. Joint assets cannot be
attached if only one spouse is liable for the bill or debt. If the car was in
joint names, both the driver and the owner can be liable and joint assets such
as a house can be attached. Ways which may avoid this, (1) do not have the car
owned jointly by both spouses (2) insurance should be a reasonable amount and
not the minimum.
back to top
A. Absolutely not.