How is Real Estate Classified in Divorce?

Generally speaking, if real property is purchased during the marriage with marital funds, the property is marital.  If the property was purchased by one party before the marriage without contribution of later marital property,  the property is separate. The property can become hybrid (that is, part separate and part marital) if, for example, some portion of it was paid for with marital funds.  However, the marital funds must be “traced,” that is, the proponent must be able to show which marital funds were contributed, when and how.