{"id":373755,"date":"2016-03-31T21:35:26","date_gmt":"2016-04-01T02:35:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/maine-law\/maine-marital-property-laws.html"},"modified":"2024-06-18T15:02:28","modified_gmt":"2024-06-18T20:02:28","slug":"maine-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/maine-law\/maine-marital-property-laws.html","title":{"rendered":"Maine Marital Property Laws"},"content":{"rendered":"\n
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Maine Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Maine, like most states, is an equitable distribution state. All property acquired by one or both spouses becomes marital property during a marriage. In a divorce or legal separation, the marital property belongs to both spouses. They must divide it fairly. Maine divorce courts divide property regardless of the name on the title. If they purchased it with marital funds, it belongs to both spouses.<\/p>\r\n

A few states, like California, are community property states. In these states, spouses divide marital property equally. Divorce laws in these states require that both spouses receive an equal amount during the division of property.<\/p>\r\n

Marital property rights become important if a spouse dies without a will (intestate<\/b>). In Maine, unlike other states, the surviving spouse isn\u2019t automatically entitled to the decedent’s marital and non-marital property (Maine Code Revised Title 18-C, \u00a72-102). Maine has not enacted the Uniform Disposition of Community Property Rights at Death Act<\/a>. This model rule protects the community property rights of couples who move to Maine from community property states.<\/p>\r\n

Note:<\/b><\/i> State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decision.<\/i><\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

Each state has its own laws<\/a> classifying marital and separate property. In general, marital property<\/b><\/a> is property acquired during the marriage. Separate property<\/b><\/a> is everything that a spouse brings into the marriage or acquires in specific ways during the marriage.<\/p>\r\n

The marital property belongs to both spouses and is subject to equitable division. In Maine, marital property includes:<\/p>\r\n