Non-Marital Property Law and Legal Definition

Non- marital property is also known as separate property. The property that each spouse brings into the marriage, that is, the property that s/he owned before the marriage and property acquired by individual as gift or inheritance either before or during a marriage, is considered to be "separate" or "non-marital" property. For the property to remain separate, the spouse must keep it apart from marital or community property; that is, s/he would keep it entirely in his/her name. Once the separate property has been mixed with the marital or community property, it becomes a part of the marital property. Generally, non-marital property consists of property acquired prior to a marriage.