How Does The Court Determine If Property is Marital Or Non-Marital Property? The courts have no authority over non-marital property. So, the first thing the court has to do is determine whether they have authority over property. Generally speaking, all property acquired by either spouse before the marriage is considered non-marital property. All property acquired after the marriage is considered property of the marriage or marital property. If the property is marital property then the court must “equitably” divide the property. Property Is Presumed To Be Marital Property Except For:
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