What property is not subject to equitable distribution?
A. There are several categories of property not subject to distribution. The major ones include property acquired before the marriage (or joint enterprise-type cohabitation), or gratuitous transfers by way of gifts, devise or bequests from third parties, which were maintained separately from marital assets. In other words, absent a pre-nuptial agreement, if property is acquired prior to marriage, it must be kept separately and not allowed to co-mingle with other marital property. If real property was purchased or inherited prior to marriage – while it may start out immune to claims of equitable distribution – should the property be maintained, improved or prepared with money earned or otherwise received during the marriage, that property might slowly find its way onto the bargaining table.
There are several categories of property not subject to distribution. The major type of asset(s) that is not subject to equitable distribution is property that was acquired before the marriage. Moreover, any property that was acquired by way of an inheritance is not subject to equitable distribution. In summary, any property that was acquired before the marriage, and any property that was acquired by an inheritance is not part of the marital estate. Unless there is a pre-nuptial agreement, if property is acquired prior to a marriage, it must be kept separately, and it must not be commingled with other marital assets. It is very important to keep premarital assets separate from the marital property. If real property was purchased or inherited prior to marriage – while it may start out immune to claims of equitable distribution – should the property be maintained, improved or prepared with money earned or otherwise received during the marriage, that property might slowly find its way ont
