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Marital property is a U.S. state-level legal term that refers to property acquired during the course of a marriage. Property that an individual owns before a marriage is considered separate property, as are inheritances or third-party gifts given to an individual during a marriage.
Related Content. Property that is unlikely to be shared between the parties on the breakdown of the marriage or civil partnership unless it is required to meet needs. Generally non-matrimonial property is: Acquired by one party before the marriage.
Though the term non-marital property often refers to any personal or real property owned prior to, and brought into the marriage, it can also refer to things such as inheritances and gifts made to only one spouse.
Marital property includes real property (such as a home or land) that the spouses own as tenants by the entirety unless the spouses have a valid written agreement to the contrary. Marital property also includes any property either or both spouses acquired during the marriage.
Marital, or community property, is defined as assets and debt newly acquired during the marriage, either jointly or by one party, other than by a gift or inheritance to one spouse. Nonmarital, or separate property, are the assets and debts owned prior to the marriage that remain unchanged.
: not of, relating to, or occuring within marriage or the married state : not marital nonmarital childbearing nonmarital cohabitation nonmarital sexual relations.
Couples who established bank accounts after the marriage began must divide these accounts equally when seeking divorce. Specific accounts that contain marital funds are the marital property of both parties.Meanwhile, couples who each own separate property keep their specific accounts or property.