Property that is exempt from equitable distribution and excluded from the power of the judge is specifically property that was acquired prior to the marriage, although if that property has increased in value because of conduct in the marriage, the increase in value can be distributed. Property that was inherited and kept in your sole and separate name can not be distributed by the judge. Property that you received as a result of the personal injury award can not be distributed by the judge. This all means, though, that you must have kept the property separate, and apart, and under your sole name. If you commingled the property, then the judge has the right, and when I say commingled, I mean put it under joint names, then the judge has the right to distribute that property. But they will take into consideration whether or not the property was exempt to start with.

Back to the video FAQ list