Uniform Marital Property Act

The Uniform Marital Property Act (UMPA) provides definition for the ownership of property by married people and the means to divide the property in the event of divorce or death. UMPA created a class of property that was not individual property but that belonged to the marriage rather than the individuals. This class of property encompasses all property belonging to all spouses, with the exception of a few special situations. In the event of questionable property, that is, belonging to either spouse or the general marital property in nature, UMPA presumes it to be marital property, in which case evidence to support the claim of individual property is required. Within UMPA, several components of the act, including definition and division of marital property, individual property, and specially considered property, can be examined.

Property can become defined as marital property through three key events. The first definition includes all property owned by either spouse for marriages in existence at the time UMPA became effective in 1983. The second definition provides that marital property comes into existence at the time of marriage. Finally, marital property is defined at the time a marital domicile is established within a given state. Without evidence proving otherwise, UMPA presumes marital property.

The definition of individual property closely follows that of marital property. Property of a spouse that is not marital property is considered individual property. Property that was acquired by a spouse before the effective date of UMPA or before marriage is considered individual property. Most property classified as individual property will fall into this category.

Other types of property can be obtained during marriage and yet remain individual property. An example is an inheritance; this does not become marital property. Likewise, a gift to a particular spouse from a third party remains individual property. UMPA specifically defines the types of property that are considered individual property.

Specific types of property are defined in UMPA. Income from individual property earned after the determination date is marital property. Yet appreciation of individual property can remain individual property. In addition to individual and commingled or mixed property and property income, insurance policies and proceeds and deferred employment benefits have specific rules under UMPA based on the acquired or paid determination date. Accordingly, UMPA provides for the processes and rules by which to solve problems arising from determination of specially considered property.

Web Sites

• National Conference of Commissioners on Uniform State Laws: http://www.nccusl.org