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If I Owned Our Home Before I Was Married, To What Is My Spouse Entitled?

A home purchased before marriage is considered separate property and is not subject to equitable distribution itself. An increase in the value of the property may be subject to equitable distribution.

If the value increases due to outside forces, i.e. a market increase, then that increase in value is not distributable. However, if the increase in the value of the home is due to actions of the spouse, i.e. he/she made improvements to the home, then the increase in value is marital property and subject to the laws of equitable distribution.

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