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Any property and asset that has been purchased or appraised while a couple is married is considered as marital property and is subject to equitable distribution upon divorce. Regardless of how title is held to the property, if it is a marital property, it will be split between the spouses.
Usually, judges will assign each spouse a percentage of the total value of all the couples marital property (sometimes called the marital or community estate), minus their debts. Then, the judge will distribute assets and allocate debts so that each spouses share of the estate comes up to the assigned percentage.
Examples of non-matrimonial assets Typical non-matrimonial assets include: Assets inherited by one of the spouses during the marriage. Assets received as a gift by one of the spouses. Assets already owned by one party before the marriage.
In identifying marital assets, a party to a divorce action should consider the following: real estate ownership, automobiles and motorcycles, non-titled personal property (household contents, collectibles, jewelry, artwork, antiques), bank or credit union accounts; stocks, bonds, mutual funds, money market accounts and
Matrimonial assets typically include things like the family home, pensions, investments and savings. Matrimonial assets can also include any property acquired before the date of the marriage if this was purchased for use as the family home, or any furniture that was bought specifically for this residence.
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The legal definition of an asset in a divorce is anything that has a real value. Assets can include tangible items that can be bought and sold such as cars, properties, furniture, or jewelry. Collectables, art, and memorabilia are frequently over looked assets because their value is often hard to ascertain.
The state of Illinois considers property used for the benefit of both spouses to be marital, even if only one spouse paid for the property using his or her own money. In addition, any repairs to items such as jointly-owned homes or vehicles paid for with separate income can transform the separate property into marital.
Generally, non-matrimonial property is: Acquired by one party before the marriage or after separation; Gifted to one party; Inherited by one party.
Non-matrimonial assets are financial assets acquired before the date of your marriage (either as a single person or while cohabiting) or after you separate.
Marital assets are property which is considered to be in the possession of or belonging to both spouses. In general, this is property that was obtained after the marriage was finalized and is considered marital property.

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