Marital Assets Law & Legal Definition


Marital assets refers to all property acquired during the course of the marriage, regardless of ownership or who holds the title to it. Examples of marital assets may include, among others, house(s), cash, stocks, bonds, cars, pensions, and insurance. Most courts also treat the increase in value of a premarital asset as a marital asset.

In community property states, assets are categorized as separate property and not a marital asset if a) it was acquired before marriage, b) it was acquired by inheritance, c) it was a gift, d) it consists of assets traceable to other separate property such as money received from sale of a house owned before marriage, and e) the spouses agree is separate property.