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The News God > Blog > Law > Defining Boundaries: What You Need to Know About Non-Marital Property
Law

Defining Boundaries: What You Need to Know About Non-Marital Property

Rose Tillerson Bankson
Last updated: August 17, 2023 8:14 am
Rose Tillerson Bankson - Editor
August 17, 2023
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Defining Boundaries: What You Need to Know About Non-Marital Property
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Are you in a relationship? Do you wonder if you should set a legal boundary between your and your partner’s finances? Do you have a non marital property and wonder what to do with it?

If you answered “yes” to any of those questions, you came to the right place. Let’s take a look at defining boundaries in nonmarital property.

Read on!

Characteristics of Non Marital Property

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The concept of marital property is an important one to understand when discussing non-marital property. Non-marital property is any property that has not been shared through marriage. This includes anything that was bought before marriage, was inherited, or given as a gift.

State laws may vary, but the non-marital property is not divided or distributed. To understand non-marital property, it is also important to know what those properties are made of. These include individual ownership, which means that any claims made on a property can only come from the owner or rightful claimant.

Additionally, the non marital property should be kept separate from marital property. This is so that any assets acquired before marriage are not confused with the couple’s shared assets. Non-marital property is not considered community property or estate, so it is not subject to probate laws upon death. Understanding non-marital property and its characteristics can ensure that property rights are protected.

How to Establish Boundaries

In a relationship that isn’t married, it’s important for both people to be able to set healthy boundaries that work for them. Non-marital property refers to any assets or interests owned by one or both parties. This cannot be divided in the event of a dissolution of the relationship. Generally, non-marital property can include:

  • real estate
  • business interests
  • intellectual property
  • pensions
  • retirement accounts
  • other assets before marriage

To avoid future legal battles or disagreements that lead to dividing assets in divorce, it’s important to be clear about which assets are yours alone and which belong to both of you and hire the best divorce lawyer for the best outcome. Also, create and sign a document outlining what will happen to the non-marital property during asset division in divorce. This can help ensure that each involved party feels protected and secure, allowing for a healthier way of being in the relationship.

Why Non-Marital Property Matters

During a divorce, it’s important to think about the property that either partner owned before the marriage. This is called “nonmarital property.” When a couple divorces, nonmarital property remains with the spouse who owns it. This is important so that each spouse knows where their property comes from. Also, to make sure that each spouse gets a fair share of what is rightfully theirs.

Separate and distinct property arrangements require separate and distinct property rights. If divorcing spouses don’t know marital and nonmarital assets, they may end up with unequal assets. No matter what kind of assets you have, it is important to learn about your separate property before you get a divorce. It’s also a useful component to consider when crafting a prenuptial agreement.

The Complexities of Non Marital Property

Overall, recognizing and defining non marital property is an important step in protecting assets in the event of a divorce. It is also wise to determine which property is exempted from a specific state’s laws, as the regulations vary.

One should consult an attorney to ensure they are making the right decision when it comes to protecting property. Start the process now and ensure your assets are protected!

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