The law will allow you or your spouse to attempt to overcome this presumption. Examples of non-marital property can include cars, boats, motorcycles, houses, real estate, cabins, farms, bank accounts, stocks, certificates of deposit and businesses owned by you or in which you had an interest before your marriage.
The court must assign non-marital property before proceeding with the balance of the case.
Old titles to your car, credit card receipts, cancelled checks, deeds, wills, and similar documents are what is needed if your attorney is going to trace property for you.
Not having these documents does not mean you will not be able to get your property back, it may just make it more difficult. It can get really tricky when you had property of some kind before you got married and then sold the property and mixed the money you got from that sale with money you earned during the marriage to buy something else.
Inventory your non-marital property
Completion of a Non-Marital Inventory is extremely important. This is your opportunity to stake a claim on all the things you owned before your marriage and that were given to you as gifts as well as property inherited by you and bought with money you obtained through any of the above.
Remember, however, that many of the items you claim to be non-marital will require proof that you obtained them before the marriage, as a gift exclusively to you, as an inheritance or purchased with funds from one of those sources.
For example, if you inherited your father's farm three years ago (before or after your marriage), you may need your father's Will to prove it was an inheritance.
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