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What property, assets and debts will need to be divided during a divorce? Any assets or debts that are marital assets and debts are divided when a couple divorces. If it is established that there are assets and liabilities that are non-marital, those assets and liabilities will not be divided in a divorce. This is because non-marital assets and debts are not subject to asset division. Non-marital assets are also referred to as separate property.

Marital Property

Any assets or debts acquired during the marriage is marital property. Marital property is divided during a divorce

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Separate Property

Assets and debts that are considered separate property will be retained by the spouse that owns them after divorce is finalized.

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Comingled Property

When property is "commingled" is can be difficult to tell whether the property is separate property or martial property or if parts of it are separate and parts of it are marital.

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Property Issues

An asset can sometimes start out as separate property not subject to division in a divorce and then over time become a marital asset in whole or in part.

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Tenancy by the Entireties Presumption

In Orlando, Tampa and throughout Florida, real property and personal property can be held as “tenants by the entireties.” This is critically important when discussing divorce, especially the topic of asset division or equitable distribution, because property held by the parties as tenants by the entireties is presumed to be a marital asset. Therefore, unlike separate property, property held by the parties as tenants by the entireties is likely to be subject to division during a divorce. Unlike some other types of ownership, property held as tenants by the entireties is only available to married couples.


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