How to Tell the Difference Between Marital and Non-Marital Property
One of the main sources of bickering between Bountiful divorce attorneycouples is the issue of property division. Dividing up the marital property is a necessary step in the separation process, but it is one that causes the most amount of contentiousness between so-to-be ex-partners. One thing that may help the process is to understand the difference between marital and non-marital property, so you and your family law Attorney are spending your energies fighting for property you have a rightful claim to instead of wasting time on things you don't.
Non-Marital vs. Marital Property
In general, marital property is assets that were accumulated during the marriage. Even if the asset is titled in the name of your spouse, it may be considered community property if it was purchased, maintained, or improved using comingled funds (e.g. money from a joint checking account) or the asset was intended for the benefit of and used by both spouses.Bountiful divorce attorney
On the other hand, non-marital (also called separate) property is typically assets the person owned prior to entering the relationship. For example, a monthly stipend from a personal injury award would be considered separate property. Some types of assets are considered separate property regardless of when it was acquired. This includes:
An inheritance given to the individual from anyone
Gifts given to the spouse from third parties (e.g. your father gives your spouse a car)
Money awarded from a lawsuit for pain and suffering
In some cases, separate property may turn into marital property if it is comingled with community property. For instance, a person's inheritance of $25,000 will become marital property if he or she deposits it into a joint checking account. Similarly, a piece of marital property may be relegated as separate property if the item was purchased for and used only by one spouse, even though it may have been bought with comingled funds.