Once the issue of malfeasance is addressed, the other half of the asset distribution puzzle is to work out which assets qualify as marital property and which do not. An Arlington divorce lawyer knows that this can be quite difficult, especially when property is used jointly or was paid for with marital funds. Some of the factors that differentiate non-marital property from marital property. These include:
Gifts to one spouse
Any property excluded via premarital or prenuptial agreement
Any property acquired by one spouse with nonmarital assets used as payment
Other property acquired either without using marital funds or when the spouses were unmarried
While this may seem clear-cut, it can be complex, especially if marital funds were used to purchase an item that one spouse later alleges is nonmarital property. It is not uncommon for assets to be commingled, and if this does occur, the asset will likely be held to be transmuted into marital property and its value absorbed by the estate.