Marital vs. Separate Property

Before anything is divided, property is sorted into marital and separate categories. Only marital property is generally subject to division.

What's usually marital

Assets and debts acquired during the marriage are generally marital, regardless of which spouse's name is on the title.

What's usually separate

Property owned before the marriage, plus gifts and inheritances received by one spouse, is often treated as separate property.

How commingling blurs the line

Separate property can lose its separate character when it's mixed with marital funds — for example, depositing an inheritance into a joint account. The specifics depend on your state.

Common Questions

Is property in only my name still divisible?

Often yes. If it was acquired during the marriage it's generally marital property even if titled to one spouse.

Is an inheritance separate property?

Usually, if kept separate. Commingling it with marital funds can change that, depending on your state's rules.