Legally, the courts have no authority over non-marital property. So, the first thing the court has to do is determine whether they have authority over property. Generally speaking, all property acquired by either spouse before the marriage is considered "non-marital" property. And all property acquired after the marriage is considered property of the marriage or "marital property". If the property is considered marital property during the divorce, then the court must “equitably" divide the property.
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