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If there is a separate property interest in a house? The court has only two options: award the house to the spouse with the separate property interest or order to sell the house. If either spouse has any amount of separate property interest in a house, the trial court does not have the ability to award the property to the other spouse. A court also cannot divest a spouse of his or her separate property interest in a house. Once the separate property interest is proven, the trial court can only award the house to the spouse who has the separate property interest or order that they sell the house and divide the funds appropriately.
If you or your spouse have separate property interest in your marital home, you should consult an attorney who is experienced in property and asset division right away.
