Marital Property & Non-Marital Property

Marital Property & Non-Marital Property

Justin J. Sasser | Property Law in Maryland


Maryland Property Attorney

On the surface, the notion of marital and non-marital property should be straightforward. What you personally purchased before your marriage is yours and whatever purchases were made during the course of the marriage are to be divided. However, the division of marital property is rarely this simple, particularly in Maryland, which requires an equitable division of marital property.

Contact Justin J. Sasser, Esq. today. As a Maryland family law attorney, I have more than 25 years of experience handling complex divorce cases. I can help with the characterization and valuation of your property to help ensure that your assets remain protected while property is divided fairly and equitably.

Marital Property vs. Non-Marital Property

On paper, the difference between marital property and non-marital property is simple. Non-marital property is any property that was acquired by either spouse prior to getting married. In addition, non-marital property may also include any property that was gifted to one spouse during the course of the marriage or inherited by them. Marital property generally refers to any property acquired by either spouse during the course of the marriage.

Commingling of Non-Marital and Marital Property

Asset and property division in divorce and separation cases gets complicated when there has been a commingling of non-marital and marital property. For example, an inheritance left to one spouse is generally considered to be non-marital property. However, if the proceeds of the inheritance are used toward marital property, it may have been commingled and will then possibly be considered marital property. Another example is a gift of jewelry from one spouse to the other. If it is a gift, it is non-marital property. However, if it is characterized as an investment, it is marital property.

Those are just two examples of how property division cases can quickly become complicated. With more than 25 years of family law experience, I can help with characterization and valuation issues, including tracing gifts and reimbursements if property is not initially characterized properly. I am committed to ensuring that your property settlement is fair while keeping your most valuable assets protected.

Contact a Maryland Inheritance Lawyer

If you are going through a divorce and are curious how your property, including any inheritance proceeds, is likely to be divided, I can help. Contact me online or call 301-627-4300 to schedule an appointment to discuss your situation.