Uniform act created to address division of marital property upon divorce in community property jurisdictions.
Unif.Marital Property Act s 4
UNIFORM LAWS ANNOTATED
UNIFORM MARITAL PROPERTY ACT 1983
s 4. Classification of Property of Spouses.
(a) All property of spouses is marital property except that which is classified
otherwise by this [Act].
(b) All property of spouses is presumed to be marital property.
(c) Each spouse has a present undivided one-half interest in marital property.
(d) Income earned or accrued by a spouse or attributable to property of a spouse
during marriage and after the determination date is marital property.
(e) Marital property transferred to a trust remains marital property.
(f) Property owned by a spouse at a marriage after the determination date is
(g) Property acquired by a spouse during marriage and after the determination date
is individual property if acquired:
(1) by gift or a disposition at death made by a third person to the spouse and
not to both spouses;
(2) in exchange for or with the proceeds of other individual property of the
(3) from appreciation of the spouse's individual property except to the extent
that the appreciation is classified as marital property under Section 14;
(4) by a decree, marital property agreement, written consent, or
reclassification under Section 7(b) designating it as the individual property of
(5) as a recovery for damage to property under Section 15, except as
specifically provided otherwise in a decree, marital property agreement, or
written consent; or
(6) as a recovery for personal injury except for the amount of that recovery
attributable to expenses paid or otherwise satisfied from marital property.
(h) Except as provided otherwise in this [Act] the enactment of this [Act] does
not alter the classification and ownership rights of property acquired before the
(i) Except as provided otherwise in this [Act] and to the extent it would affect
the ownership rights of the spouse that existed in the property before the
determination date, during marriage the interest of a spouse in property owned
immediately before the determination date is treated as if it were individual
Current through 2008 Annual Meeting of the National Conference of Commissioners on Uniform State Laws