Law...

When Homes Are Part Separate / Part Marital Property

In most states, homes are at least partly marital if:

• Both spouses contributed to the downpayment; or
• Any payments were made from funds earned during the marriage; or
• The house is titled in joint names.

In some states, the house will also be partly separate property if some separate property funds were invested in the house.

In these states, it becomes important for the party claiming some separate property to be able to show that "his" or "her" separate funds were used to buy the house.

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