Maybe. In most cases, no, but there may be ways to pull it back in so that it is included in equitable distribution.
Before you do anything, talk to a divorce lawyer. And do that soon.
Call me and I will assist. No charge for the first office visit.
Robert Davies, Esq.
201 820 3460
This is actually a very complicated question. It all depends on how long was the marriage, what kind of property, what purpose was it purchased for. Unfortunately without more information, it would be difficult to answer this question properly. See an attorney in person if you are serious about a divorce.
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While the general answer may be yes, there may be other factors which could determine whether the property is subject to equitable distribution. This is a very fact sensitive area and I suggest you consult with an attorney on this issue.
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If the property grew in value purely because of passive market forces, then it likely would be exempt from equitable distribution.
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I believe you are asking to understand the concept of active vs. passive assets. I agree with the prior answers that you need to sit with an experienced matrimonial law attorney such as myself who can gather more facts and then explain the concepts to you in light of your particular circumstances.
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