In New Jersey, any piece of property that was acquired prior to a marriage and was kept separate during the marriage would be considered separate property. In order to distinguish separate property from other shared assets, the party who is asking to exempt it from equitable distribution will have to provide the necessary evidence. It is the burden of the person asserting this claim to prove it.
There are many forms of separate property, including bank accounts, retirement accounts, stock options, premarital bonuses, real estate, or businesses. It is crucial for the owner of a piece of property to show that it not only was acquired prior to the marriage, but that it was maintained separately. Careful record keeping throughout the marriage could establish that a piece of property only belongs to one spouse, which is why it is essential for spouses to thoroughly familiarize themselves with their personal and shared financial matters.