The law concerning marital property versus non-marital (separate) property varies from state to state. Some states are community property states while others are equitable distribution states. In community property states, it does not matter whose name is on the ownership documents: almost all property during the marriage will be considered as owned by both parties in the marriage. There are special circumstances where these states do make some exceptions and you will want to consult with your divorce attorney to see about your specific rights.
On the contrary, equitable distribution states determine marital property to be those that have the names of both spouses on the ownership titles. If only one spouse’s name is on an official document then the property is considered separate and belongs to that specific spouse. Like community property states, the states utilizing equitable distribution laws also have room for special circumstances and exceptions.
In general terms, marital property includes any and every asset acquired and/or used during the marriage. However, non-marital property has a more involved meaning. This type of property includes:
Mary Zogg, formerly Mary Hoftiezer has a multidisciplinary background which helps to provide a unique experience for her clients. She has an undergraduate degree in psychology and a Masters in Business Administration in addition to her law degree. This allows her to provide her clients with a full vision of the financial, emotional, and legal aspects of their cases.
Mary’s degree in psychology has provided her with the ability to listen and understand the emotional impact of a divorce or paternity action. She works to understand how you feel and takes these feelings into account when putting together a strategy as to how to resolve your case.
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