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When going through a divorce in Maryland, one of the key aspects that needs to be addressed is the division of property. It's important to understand the concept of non-marital property and how it is treated in the divorce process.
In Maryland, the division of property is governed by equitable distribution, which means that the court aims to divide property in a fair manner, rather than simply splitting it fifty-fifty.
This article will provide you with a comprehensive understanding of non-marital property in a Maryland divorce, including what it entails, how it is determined, and its implications in the divorce process.
Understanding Non-Marital Property
Non-marital property, also known as separate property, refers to property that is owned by one spouse individually and is not subject to division in a divorce.
It includes assets that were acquired before the marriage, as well as gifts or inheritances received by one spouse during the marriage. Non-marital property remains the sole property of the individual spouse, as long as it has not been commingled with marital property or gifted or titled to the other spouse.
It's important to note that non-marital property can become marital property if it is commingled with marital assets. Commingling occurs when separate property is mixed with marital property in a way that makes it difficult to distinguish between the two. For example, if funds from a separate bank account are used to pay for joint expenses, or if separate property is titled jointly with the other spouse, it may be considered marital property.
To protect the status of non-marital property, it is advisable to keep separate accounts and maintain clear documentation of any separate property transactions.
Determining Non-Marital Property
In a Maryland divorce, it is the responsibility of the spouse claiming non-marital property to provide evidence and prove its status.
This can be done by presenting documentation such as pre-marital agreements, deeds, bank statements, or other records that establish the ownership and origin of the property. It's important to gather as much evidence as possible to support your claim of non-marital property, as the burden of proof lies with the individual asserting its status.
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Categories of Non-Marital Property
Non-marital property can fall into various categories, including:
- Property acquired before the marriage: Assets owned by a spouse before the marriage are generally considered non-marital property. This includes real estate, vehicles, bank accounts, investments, and personal belongings.
- Gifts and inheritances: If one spouse receives a gift or inheritance during the marriage, it is considered non-marital property. This can include cash, real estate, stocks, or any other assets received as a gift or inheritance from a third party.
- Property excluded by a valid agreement: If spouses have a valid prenuptial or postnuptial agreement that explicitly excludes certain property from being considered marital, it will be treated as non-marital property.
- Property directly traceable to non-marital assets: Any property that can be traced directly back to non-marital assets, such as the proceeds from the sale of a pre-marital home or investments, is considered non-marital property.
Implications of Non-Marital Property in Divorce
The classification of property as non-marital has significant implications in the divorce process. Non-marital property is not subject to division by the court and remains the sole property of the individual spouse. This means that the spouse who owns non-marital property will generally retain full ownership and control over those assets.
However, it's important to note that the court may consider non-marital property when making decisions about alimony and child support. The court may take into account the financial resources and assets of each spouse, including non-marital property, when determining the appropriate amount of support to be awarded.
Protecting Non-Marital Property
To protect your non-marital property during a divorce, it is crucial to maintain clear documentation and separate it from marital assets.
Here are some steps you can take to safeguard your non-marital property:
1. Keep separate accounts: Maintain separate bank accounts and financial records for your non-marital assets. Avoid commingling funds with joint accounts or using non-marital funds for joint expenses.
2. Document the origin of assets: Keep records of the source of your non-marital assets, such as purchase receipts, inheritance documents, or gift letters. This documentation will help establish the non-marital nature of the property.
3. Consult with an experienced attorney: Seek guidance from a knowledgeable family law attorney in Maryland who can provide personalized advice based on your specific circumstances. An attorney can help protect your non-marital property rights and advocate for your interests during the divorce process.
Conclusion
Understanding non-marital property is essential when going through a divorce in Maryland. Knowing what constitutes non-marital property, how it is determined, and the implications it has in the divorce process will help you protect your rights and assets. If you have non-marital property that you wish to preserve, consult with a skilled family law attorney who can guide you through the complexities of property division and ensure your interests are represented effectively. Remember, the division of property in a Maryland divorce is based on equitable distribution, which prioritizes fairness over an equal split.
Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. It is always recommended to consult with a qualified attorney for personalized guidance and representation in legal matters.
About the Author
Harry Baumohl is a distinguished family law practitioner based in Pikesville, Maryland. With over forty years of experience, Harry specializes in navigating complex family law issues such as divorce, child custody, and high net worth divorce litigation. His practice is well-regarded for its expertise in handling cases involving significant family income, net worth, and intricate asset divisions. Harry is adept at resolving high-conflict parenting disputes and is a proponent of prenuptial agreements, mediation, and collaborative family law as effective tools for planning and dispute resolution.
Known for his unparalleled track record and deep understanding of family law dynamics, Harry provides his clients with steady, thoughtful representation. His approach is characterized by a unique philosophy and temperament that cater to individual needs during challenging times.
As a founder of Baumohl Hamburg LLC, located conveniently off the Baltimore Beltway in Baltimore County, Harry has significantly represented clients across various jurisdictions, including Baltimore County, Baltimore City, Carroll County, Harford County, Howard County, and Anne Arundel County. Harry Baumohl's commitment to excellence and his client-focused approach make him one of Maryland’s leading family law practitioners.
