1. It may or may not be a “marital” residence.

If the house was purchased during the marriage, it is presumed to be marital property, whether it is purchased in the name of one or both spouses. This presumption can be overcome by showing that one spouse used non-marital funds for the purchase and kept the house in his or her sole name. If a house purchased by one spouse prior to the marriage is later placed into joint tenancy, it is presumed that a gift to the marriage was intended.

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