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This will depend on when the property was purchased. The court generally views assets purchased prior to the marriage and those purchased during the marriage differently. The presumption is that if purchased before, it could be excluded.
As with all presumptions though, this can be departed from if the circumstances dictate that it would be fairer to share the premarital assets too. Children would impact on this reasoning, obviously.
Can I clarify anything in particular for you?
With no kids involved, and providing there is enough equity in the marital assets, it should be straightforward to exclude the pre-marital ones. The issue would come if one party has a lot of pre-marital wealth, and the other has very little, with the martial assets being negligible. Then the party with less can make a case for some of the pre-marital assets.
I hope that makes sense?
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