Monday, November 23, 2015

Marital vs. Estate Property

I have been getting a lot of litigation recently over marital vs. estate property.  I have been unable to find any case on point.  The best I have been able to come up with is that if the property is commonly used by both parties during the marriage, it is arguably martial.  If the property is of a more personal natural (i.e. jewelry, guns, etc.), it is the property of the deceased's estate at death.   This is an area some caselaw will develop on at some point.

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