Non-marital property

Non-marital Property

Throughout the course of the marriage, property can be described one of two ways; marital property and non-marital property.  Property acquired through the course of the marriage, no matter which party obtains the property, is called marital property. Non-marital property can best be described as property that was obtained prior to the marriage by one party, property given as a gift to one person, prenuptial exclusions, personal injury proceeds, or an inheritance (gift) left to one party. 

The party claiming that property is non-marital property must show by a preponderance of the evidence in the divorce proceeding that the property is indeed non-marital property.  Evidence that can used to prove that the property is indeed non-marital is receipts, title documents, cancelled checks, or any other documentation that shows proof that the property falls into one of the scenarios mentioned above.  

Unless a party making a non-marital claim has proven that property is non-marital, the court will classify the property as marital property which will then be divided up between the two parties during the divorce.