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Generally speaking, all property acquired by either spouse before the marriage is considered non-marital property.

All property acquired after the marriage is considered property of the marriage or marital property.

Under Canada’s Constitution, each province and territory is responsible for laws regarding the division and/or equalization of family or marital property, and these laws can vary from one province or territory to another.

That said, to help give you a very basic understanding on this topic, below is a general overview of most provincial statutes regarding the division of property during divorce.

In the eyes of the law a marriage is an equal partnership.

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Unlike other property, if you owned the matrimonial home on the date of marriage, you do not receive any credit for it when you separate.

The Commonwealth of Pennsylvania implemented the new law on March 3, 2007.

The position of the commonwealth of Pennsylvania is that some provisions of the new law will be retroactive to the date the Deficit Reduction Act was signed on February 8, 2006.

For example, what happens when one spouse uses non-marital property such as an inheritance to buy a house with the other spouse?

What happens when one spouse inherits money and that money is put in a joint bank account?

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