What is considered to be a marital asset?

I’m about to go through a divorce. I bought my house a couple years ago and everything is in my name. My husband said I will still have to sell it because it’s a marital asset even if I can afford to pay the mortgage on my own and then we will need to split the profit. Is that true?

Asked on September 1, 2012 under Family Law, New Hampshire

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, all items that are in the names of the spouses and items that the assets of the marriage are paying for that may be in the name of one spouse or another are marital assets. In your case, the house that is in your name which is presumably being paid off through earnings generated through your marriage would be deemed to some percentage a marital asset of you and your husband.


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