Items that were given as gifts to one party.
Items that the two partners formally agree in writing is the property of only one person.
- A small number of states consider all marital property to be "community property.".
- Each partner equally owns each asset or piece of property that is not separate property.
- The split does not fall into an equal split but is instead more or less than 50% to each party.
An example of marital property is a house a couple bought after their wedding.