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Marital property covers what was acquired during the marriage; division goes through CC-DR-033 and family use property lasts up to 3 years

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Published marital property rules in divorce: marital property is property acquired during the marriage regardless of title or who paid for it, excluding property acquired before the marriage, gifts or inheritances made only to one spouse, and property the spouses agree is not marital; spouses may agree on division or complete a Joint Statement of the Parties Concerning Marital and Non-marital Property (CC-DR-033); the court can award exclusive use of the family home and family use personal property to the spouse with primary physical custody for up to three years from the time of divorce.

Case types covered (traffic, criminal, civil, judgments and liens, estate, appeals)
Marital property is property that you and your spouse acquired during your marriage. It does not matter how the property is titled or who paid for it. It can include real estate, bank accounts, pension and retirement accounts, vehicles, furniture and other personal property, and businesses. You and your spouse can reach an agreement to divide marital property. If you cannot agree, you and your spouse will need to complete a Joint Statement of the Parties Concerning Marital and Non-marital Property (CC-DR-033) to help the court decide who gets what. If you and your spouse have children in common, the court can order that one spouse has exclusive use of the family home and "family use personal property," which are items used for family purposes like the family car, furniture, and household items. This can be awarded to the spouse who has primary physical custody (also called parenting time) of your child(ren) for up to three years from the time of divorce. The goal is to allow children to stay in a familiar environment and community. (as published)
Division of marital property
Marital property is property that you and your spouse acquired during your marriage. It does not matter how the property is titled or who paid for it. It can include real estate, bank accounts, pension and retirement accounts, vehicles, furniture and other personal property, and businesses. You and your spouse can reach an agreement to divide marital property. If you cannot agree, you and your spouse will need to complete a Joint Statement of the Parties Concerning Marital and Non-marital Property (CC-DR-033) to help the court decide who gets what. If you and your spouse have children in common, the court can order that one spouse has exclusive use of the family home and "family use personal property," which are items used for family purposes like the family car, furniture, and household items. This can be awarded to the spouse who has primary physical custody (also called parenting time) of your child(ren) for up to three years from the time of divorce. The goal is to allow children to stay in a familiar environment and community. (as published)

原データ更新日:2026-10-17
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