Property ownership and division of the assets of a marriage are usually decided at a final hearing. If the respective parties to a divorce can agree on a division of their property (real and personal), then this may be incorporated into a property settlement agreement to be presented to the Court for approval.
While every case turns on its specific facts, generally speaking, all property that was acquired during the course of the marriage, regardless of whose name the property is held in, will be divided between the parties on an "equitable basis". The Court also has the authority to distribute premarital property, inheritances and separate property.
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