Dear Attorney April,
I am contemplating asking my girlfriend to marry me. However, I am significantly older and more financially stable than my girlfriend is, and I would like to know what will become of my separate property after we wed?
Tyler
Dear Tyler,
Separate property that remains separate property is still subject to distribution to the other spouse in that the growth in value of the separate property asset during the marriage period is in fact marital property subject to equitable division. For example, if your separate property home is worth $200,000 on your wedding date and your home increases in value to $300,000 during the marriage, the extra $100,000 in equity is marital property.