How do the courts decide who gets what?
According to the law, the timing of when property is purchased is not as important as when the money that purchased the item was acquired. If the the funds used to purchase something were acquired after the marriage took place then it is considered marital property. However, if after the marriage you use funds you had prior to the marriage to purchase something, then it is not considered to be marital property. This can be tricky in a situation where you are not 100% sure when the marriage started. Does it count if you were in a monogamous, committed relationship prior to the legalization of same-sex marriage that would under current law be considered a common law marriage? Or is it when you decide to have your ceremony?
These are complicated issues that are very nuanced. If you have concerns regarding a same-sex relationship, give us a call to discuss your legal options. Whatever your circumstance, we are here to help.
Boeheim Freeman Law is committed to helping you and providing you with the best legal representation and counsel. Why hire an attorney, when you can hire a team?