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“Non-marital”
property in Maryland is property: 1) acquired before the marriage; 2)
acquired by inheritance or gift from a 3rd party (other than a spouse);
3) excluded by valid agreement (e.g. a Pre-Nuptial or Separation
Agreement); or 4) directly traceable to any of these sources.
When property is considered non-marital, the property is excluded from
division by the Court upon divorce. However, the value of the property
can be considered by the Court as a factor when determining alimony or
equitable distribution of marital property.
The burden of proving the existence of non-marital property, and tracing
the property to its original source, is on the party asserting the
claim. When non-marital property has been commingled with marital
property (e.g. with funds in a joint account or by improving or
purchasing a marital home), the ability to directly trace the
non-marital property is more difficult and may require expert tracing
analysis.
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