Marital property is subject to equitable distribution upon the dissolution of a marriage, which means that the court divides the assets and liabilities between the couple according to the law. This is done regardless of whose name is listed on the title, deed or other legal document.

The issue of who owns marital property can be complex as it can encompass a wide range of assets such as real estate, vehicles, retirement accounts, investments, furnishings, and others.

When calculating marital property, the court considers assets that were acquired during the marriage, gifts between spouses, and the appreciation in value of a spouse’s separate property during the marriage. This can include the appreciation of separate property that has turned into marital property, such as when a piece of separate property appreciates in value during the marriage and is then sold.

In a community property state, the couple typically splits the marital property 50-50. This can be applied to both assets and liabilities. However, the court may consider any number of factors in its decision on how to divide the marital property, such as each spouse’s economic situation, each spouse’s contribution to the marriage, and any debts or taxes that may be owed.

In addition to the division of marital property, the court may also decide whether a spouse is entitled to spousal support (also known as alimony). This may be granted to one spouse to provide continued financial support after the dissolution of the marriage.

Marital property is an important aspect of the divorce process, and understanding the laws in your state regarding marital property can help spouses in their divorce proceedings. It is best to consult a lawyer skilled in family law to ensure that you know your rights and that your dispute is handled appropriately. This will help ensure that property and financial obligations are fairly divided during and after a divorce.