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Marital Property Versus Non-Marital Property

Attorney, Mary Zogg proudly serves the Child Custody, Child Support, Divorce, and Family Law legal needs of those in Orlando, Central Florida, and Clermont.

Call 321.209.1878 to schedule an confidential legal consultation regarding your Child Custody, Child Support, Divorce, and Family Law matters.

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:

Property acquired by either spouse using funds that were separate from the marital funds and it was clear from the beginning that the property was exclusively for that spousesn’t easy for any child, going about it in a professional manner can ease the emotional trauma for everyone involved.

  • Property owned before the marriage
  • Gifts received before the marriage and even during the marriage
  • Inheritance acquired before the marriage and even during the marriage
  • A specific portion of the funds received from a personal injury lawsuit
  • Property deemed to be non-marital/separate by a post-nuptial agreement or a transmutation agreement
  • Property acquired during the marriage by either spouse, but that was used solely by one spouse

Call Orlando and Central Florida Lawyer, Mary Zogg at 321.209.1878 to discuss your Divorce and Family Law needs and goals.

Mary Zogg has extensive experience in assisting Orlando, Winter Park, Maitland, Longwood, Central Florida and Clermont residents who require professional Child Custody, Child Support, Divorce, and Family Law Attorney legal services.

DISCLAIMER:The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the lawyer to send you free written information about their qualifications and experience. This website has been prepared for informational purposes only and not as legal advice. Neither the transmission, nor your receipt of information from this website creates an attorney-client relationship, which can only be formed in writing between you and the attorney you choose to represent you.

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Your family’s future deserves more than generic legal solutions. If you are ready to move forward with a strategic, Board Certified Marital Law & Family Law Advocate, contact us today.

DISCLAIMER:The hiring of a lawyer is an important decision that should not be based solely upon advertisements. This website has been prepared for informational purposes only and not as legal advice. Neither the transmission, nor your receipt of information from this website creates an attorney-client relationship, which can only be formed by consulting with the attorney you choose to represent you.

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Copyright © 2026. Family Law Advocate, Mary Zogg, formerly Mary Hoftiezer. All Rights Reserved