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It will depend on the specifics of your situation and the laws of your state regarding whether the property is considered to be separate property or marital property. Even if your name is not on the mortgage/title, it would likely be considered marital property if it was purchased (not received by/purchased from funds received by gift or inheritance) during the marriage. Check the laws of your state regarding divorce/property distribution. * The names on the mortgage only indicate the persons responsible for the repayment of the loan. Ownership of any property is determined by how said property is titled. In community property states all property acquired during a marriage is considered jointly owned. In non-community property if the title does not contain both spouse's names state laws governing marital property take precedence, usually it will be resolved by equitable distribution.

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