Non-Marital Property

When a couple decides to divorce in Maryland, their assets and property are divided by a judge in a way that is fair, but may not be equal. In family court, property may be considered marital or non-marital.

Non-marital property is any property obtained by one spouse prior to the legal marriage. This property remains the property of the original spouse as long as it was not gifted or titled to the other. Property brought into the marriage is considered non-marital property, but so is property that was inherited or gifted to one spouse but no the other during the course of the marriage.

When a couple files for divorce and claims rights to non-marital property, that spouse must prove ownership of the property. Some property in Maryland is considered part marital and part non-marital. This is most often the cases in homes. For example, one spouse may own the home prior to the marriage, but both spouses may pay the mortgage after the marriage. In cases such as this, a judge will make a determination in the division of the property.

It is not unusual for divorcing spouses to be concerned with regards to maintaining rights to or ownership of the property they brought into the marriage. This is why an experienced family law attorney in Columbia is essential. An attorney understands how property is divided in Maryland and can advise their client as to any proof that may be needed to maintain ownership.