Marital or Seperate


Dear Sun:

The rent collected would be income acquired during the marriage. We typically don’t classify income as “marital” or “separate” because it’s not technically an asset. The building, so long as it’s still in his sole name, would be separate property. However, improvements made during the marriage that add value to real estate would be considered marital. Therefore, based on what you have written, the medical building should be part marital and part separate.

Ketan P. Soni
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


My husband owns a medical building that he rents out. He owned this building before we married. Through our marriage he has collected rent. Also through our marriage he has added a bigger parking lot and plans to build on in the immediate future.Is this rent collected marital or seperate?