Debra Braselton, Matrimonial and Family law

What is considered "non-marital property"?

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A party's non-marital estate (or non-marital property) is:

1. property acquired by gift, legacy or descent;
2. property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, legacy or descent; 
3. property acquired by a spouse after a judgment of legal separation; 
4. property excluded by valid agreement of the parties; 
5. any judgment or property obtained by judgment awarded to a spouse from the other spouse; 
6. property acquired before the marriage; 
7. the increase in value of property acquired by a method listed in paragraphs (1) through (6), irrespective of whether the increase results from a contribution of marital property, non-marital property, the personal effort of a spouse, or otherwise, subject to the right of reimbursement; and 
8. income from property acquired by a method listed in paragraphs (1) through (7) if the income is not attributable to the personal effort of a spouse.
   

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