Does My Premarital and Inherited Property Automatically Go to Me When I Get Divorced in Maryland?

The short answer is YES, however, the burden is on the spouse who is making a claim that property owned by him or her is premarital or inherited property, to provide documentary or some other evidentiary proof that the asset is in fact premarital or inherited. So, if a dispute exists regarding whether the participate asset is non-marital versus marital property, the burden lies on the person making the non-marital claim to prove that it is in fact non-marital in nature. Another complication that is often seen is when money or assets which were originally non-marital in nature end up being co-mingled with marital assets or income. This may result in losing the non-marital claim if a clear tracing of the non-marital rouse of funds cannot be proven.