Legal Question in Family Law in Maine

conjugal properties

what is the law in Maine about conjugal properties when the couple is filing for divorce? What about properties bought before marriage, is it considered conjugal property?


Asked on 8/15/08, 5:34 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: conjugal properties

The legal term is "marital property." Under Maine law, there is a rebuttable presumption that all property and debt acquired during the marriage is marital. There are specific exceptions for property acquired prior to the marriage, transfers from a blood relative, etc.

However, be aware that Maine recognizes the doctrine of transmutation. It is remarkably easy to trasmute non-marital property into marital property. Perhaps the most common example is real estate owned by one property prior to the marriage. During the marriage, they add his or her spouse's name to the deed as a joint tenant. As a matter of law, that property is now marital in nature.

If you have specific questions, please do not hesitate to contact me.

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Answered on 8/19/08, 9:33 am


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