The second exception is if the property has been totally untainted by marital money. For example, if someone has a marital account and it’s solely in one person’s name and in addition to that, no money from a marital account has gone in. In this example if it can’t be at all tied to marital money whatsoever, it’s going to remain separate property. It is very rare that an account is going to remain separate over the years, but if it is, then this could be an instance where it is not considered marital property.
Marital property is going to be things that are started during the marriage. For example, even if something is separate, if it’s a separate account and it cannot be tied back with money that originated prior to the marriage, then it’s still going to be considered to be marital property. Generally speaking, even if married for a short time and putting money in a separate account, most likely the courts will look at it as marital property even if it’s just in one person’s name.
The key is just because something is in one person’s name does not mean that that property is going to be considered to be separate property. In rare instances it can be possible, however most of the time, the courts will look at accounts started since married to be marital property.