How Does The Court Determine If Property is Marital Or Non-Marital Property?

The courts have no authority over non-marital property. So, the first thing the court has to do is determine whether they have authority over property. Generally speaking, all property acquired by either spouse before the marriage is considered non – marital property. All property acquired after the marriage is considered property of the marriage or marital property. If the property is marital property then the court must “equitably” divide the property.

Property is presumed to be marital property with the following exceptions:

• Property acquired by gift, legacy or descent.

• Property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, legacy or descent.

• Property acquired by a spouse after a Judgment of Legal Separation.

• Property excluded by valid agreement of the parties.

• Any judgment or property obtained by judgment awarded to a spouse from the other spouse.

• Property acquired before the marriage.

When marital and non – marital property has been combined the process of determining marital property can be quite complicated. For example, what happens when one spouse uses non – marital property to buy a house with the other spouse? What happens when one spouse inherits money and that money is...read more about marital and non-marital property