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Fighting Over the Marital Home

In Separation & Divorce by Elizabeth Stephenson

Separations and divorces are a time of emotional and physical upheaval. A big part of that uncertainty is where everyone is going to live. To complicate things further, the marital home is often the most valuable asset that a couple owns. This can make the matter of the marital home a hotly contested issue when a marriage ends. There are several ways that the marital can home might be addressed when a couple separates. Separate Property. When a couple divorces, their marital property becomes subject to an equitable division. However, their separate property is not subject to this division. This includes property that a spouse earned or acquired prior to the marriage. So if the home a couple live in is one spouse’s separate property, it will stay with that …