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The Marital Home

Learn about characterization rules applicable to marital homes purchased before or during marriage.


Often, spouses’ most valuable asset is their home. Like all property, it must be characterized as separate or community to determine what portion of its value is divisible at dissolution.

I. Home Purchased during Marriage

If a home is purchased during marriage, using community property funds for both the down payment and mortgage payments, then the home is community property. Recall that spouses’ wages during marriage are community property. Additionally, because of the community property...