Aaron Carnine Family Law Attorney

Divorce, Parenting, Property, Adoption, Guardianship

PROPERTY – NON-MARITAL

PROPERTY – NON-MARITAL

Non-marital property includes property acquired before the marriage and property acquired during the marriage by inheritance, gift, or excluded by a valid prenuptial agreement. Non-marital property is not to be divided as marital property in a dissolution.  It should not be used as a factor in the calculation of an equal division of assets.  However, courts can consider non-marital property in its equitable division of marital assets.  Non-marital property can lose its status as non-marital if it is used for a marital purpose.  For example, if you receive an inheritance of $10,000 during the marriage and use it to pay off marital debt or fix up the house, you have given that money to the marriage and it is no longer considered non-marital.  Too maintain its non-marital status put that $10,000 into an individual account with your name on it and don’t touch it.

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