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Family

What happens to property I owned before I got married when we separate?

TSL Written by the Treadstone Law team· Updated June 2026

Property you owned when you got married is deducted from your net family property — you subtract its value (at the date of marriage) from your assets at the valuation date. This means only the growth in that asset during the marriage gets equalized, not the entire asset.

For example, if you owned a $50,000 investment account when you married and it grew to $90,000 by separation, only the $40,000 growth enters the equalization calculation. The original $50,000 remains yours without being shared.

The exception is the matrimonial home. If you owned the home before marriage and it later became the matrimonial home, you cannot deduct its pre-marriage value — the full value at separation is included in your net family property. This is one of the most important distinctions in the equalization system and often surprises people who owned a home before marrying.

Key takeaways

  • Pre-marriage property value is deducted from your net family property
  • Only the growth in value during the marriage is equalized
  • The matrimonial home is a critical exception — no pre-marriage deduction is available
  • Keep records of what you owned (and what it was worth) on your wedding day
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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