Separate vs. Marital Property in the District of Columbia
The District assigns each party his or her premarital property and property received by gift, bequest, devise or descent during the marriage, together with any increase, and distributes all other property and debt accumulated during the marriage regardless of title.
Separate property
Under D.C. Code 16-910(a)(1), the court assigns to each party the party’s sole and separate property acquired before the marriage or domestic partnership; the party’s sole and separate property acquired during the marriage by gift, bequest, devise or descent; any increase of that property; and property acquired in exchange for it.
The increase stays separate
The statute assigns the separate property “and any increase thereof,” so the growth in value of an inheritance or a premarital account stays with the owner. Some states treat growth during the marriage as marital; the text of the District’s statute does not, so keep records showing what you owned at the wedding date and how it grew.
Everything else is distributed
All other property and debt accumulated during the marriage that is not covered by a valid agreement is valued and distributed, regardless of whether title is held individually or by the parties as joint tenants or tenants by the entireties. Title therefore does not decide classification for what was accumulated during the marriage.
Mixed property
The statute does not set a formula for property that has both separate and marital parts, such as a premarital home paid down with marital earnings. Ask an attorney how courts treat that kind of contribution and gather mortgage statements that show who paid what and when.
Evidence to gather
Keep statements from before the wedding, deeds and closing documents, proof that gifts and inheritances were received by you alone and records showing separate funds were not mixed into joint accounts. The more clearly you can trace an asset to separate funds, the easier it is to show it is separate.
Keeping the right paperwork
Keep inherited and premarital funds in accounts titled in your name alone and avoid mixing them with marital funds. Keep gift and inheritance documents.
Where this fits in the calculator
The District of Columbia property division calculator asks for the property to be distributed separately from each spouse’s separate property. See pensions, pets and agreements for retirement benefits.
Frequently asked questions
What is separate property in D.C.?
Property acquired before the marriage, property acquired during the marriage by gift, bequest, devise or descent, any increase in it and property acquired in exchange for it.
Is the increase in value of separate property divided in D.C.?
The statute assigns separate property and any increase thereof to the owning party.
Is property titled in one spouse’s name separate in D.C.?
Not by title alone. Property accumulated during the marriage is distributed regardless of how title is held.
Is an inheritance marital property in D.C.?
No. Property acquired during the marriage by bequest, devise or descent is assigned as separate property.
Does a gift between spouses count as separate in D.C.?
The statute assigns property acquired by gift, bequest, devise or descent as separate property; ask an attorney how gifts between spouses are treated.
Official sources
- D.C. Code 16-910: assignment and equitable distribution of property
- IRS Publication 555: community property states
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited District of Columbia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed District of Columbia attorney.