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Separation does not equal divorce. * Spouses may obtain and hold property separately from the marriage in any state that is not designated a community property state, in most cases such property is not subject to partitioning in the dissolution proceedings. The deciding factor would be how property and/or assets were obtained, independently or by the use of joint marital funds. In CP states the assets and/or property would only be protected if the couple were legally separated with the division of marital property having been settled.

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Q: Does your spouse have legal rights to a share of the assets you have acquired during three years of separation?
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