define: Marital Property

If you are going through a divorce, or are contemplating a divorce, you need to know what constitutes “marital property” and what constitutes “non-marital property.” All marital property will get divided equitably (not necessarily equally, but that is usually the result) between the spouses as part of the divorce process. All non-marital property will remain with the spouse who owns it. Non-marital property includes any property owned by a spouse prior to the marriage, any property received as a gift by one spouse during the marriage (by someone other than the other spouse) and any inheritance received by one spouse. Marital property is everything else.

Marital Property Attorneys

It is presumed that all property in a divorce is marital. What this means, is that it places the burden of proof on a spouse to prove that any property is non-marital (i.e. owned prior to the marriage or was received as a gift or inheritance). If a spouse is unable to adequately trace property as being non-marital, it will be deemed marital and subject to an equitable division in the divorce.

Contact a Marital Property Law Firm

Whether certain property is considered marital or non-marital as part of a divorce process, can mean the difference of tens of thousands of dollars or even hundreds of thousands of dollars that each spouse may ultimately receive. If you or your spouse are claiming property as non-marital, it is very important that you contact a knowledgeable Minnesota divorce attorney for advice and representation. The legal team at Blahnik, Prchal & Stoll are experienced in all areas of divorce and marital property, and will help and guide you through the process.