“Non-marital” property in Maryland is property: 1) acquired before the marriage; 2) acquired by inheritance or gift from a 3rd party (other than a spouse); 3) excluded by valid agreement (e.g. a Pre-Nuptial or Separation Agreement); or 4) directly traceable to any of these sources.
When property is considered non-marital, the property is excluded from division by the Court upon divorce. However, the value of the property can be considered by the Court as a factor when determining alimony or equitable distribution of marital property.
The burden of proving the existence of non-marital property, and tracing the property to its original source, is on the party asserting the claim. When non-marital property has been commingled with marital property (e.g. with funds in a joint account or by improving or purchasing a marital home), the ability to directly trace the non-marital property is more difficult and may require professional tracing analysis.
- On July 16, 2012