Also known as: marital asset · marital property · community property · marital estate
Written by attorneys · grounded in primary & secondary sources — see below
Property acquired by either spouse during marriage or otherwise classified under statute as belonging to the marital community rather than to either spouse individually.
Glen and Abigail own rental properties titled jointly. A state statute permits only husbands to sell jointly owned marital assets. Glen tries to convey one property without Abigail's consent. The court refuses to record the deed and holds the statute unconstitutional because it creates an impermissible gender classification.
Maurice Marshall and Melanie Morris execute a marital property agreement that reclassifies certain investment accounts as Maurice's individual property. Upon divorce the court honors the agreement and excludes those accounts from the marital estate division.
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Maria Morales seeks maintenance after divorce. The court first apportions the couple's marital assets between the parties and then considers Maria's resulting financial resources when setting the amount and duration of the award.
Ming Ma and Marco Marquez divorce. Ming's will had named Marco as beneficiary of a life insurance policy that is marital property. The divorce automatically revokes that designation under the governing statute.
Mariam Mansour receives an insurance payment for storm damage to the marital home. Because the premiums were paid from marital assets, the court classifies the recovery as marital property subject to division.
Maurice Marshall and Maria Morales dissolve their marriage. The court assigns each spouse's separate property to that spouse and divides the marital assets in just proportions after considering the length of the marriage and each party's contributions.
Property a spouse already owns at the time of marriage is classified as that spouse's individual property under the Uniform Marital Property Act unless the parties later reclassify it by agreement.
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No. The statute requires a single document signed by both spouses. An informal email chain with typed names does not meet that formal requirement even if it reflects mutual assent.
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The original agreement continues to control classification of income streams. Formation of a jointly owned LLC after the agreement does not amend or revoke the agreement because amendment requires a later signed marital property agreement.
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No. The statute expressly requires signatures by both spouses. A writing signed and hidden by one spouse fails the signature requirement and cannot be enforced.
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…United States jurisdiction over any State law claim seeking the establishment of a divorce, alimony, equitable distribution of marital property, or child custody decree." Every law enacted by Congress must be based on one or more of its powers enumerated in the Constitution. "The powers of the legislature are defined and limited;…