Declarations of Separate Property

A declaration of separate property can relate to an entire asset or where one party is seeking a “credit” of a certain amount from an asset that is otherwise considered Marital Property. This generally occurs when one spouse uses funds the Court deems were not “marital” funds or where one spouse already owned the property in question prior to the marriage. This issue commonly arises with regard to down payments on real estate purchased during a marriage, but can occur in any form.