22.121 Nonmarital Property

22.121 Nonmarital Property Nonmarital property is property that was acquired before the marriage by any means or property that was acquired during the marriage by gift from a third party (that is, someone other than the other spouse) or by inheritance or by bequest in a will. You should assign to each spouse his or her nonmarital property. (Note: Give the following only when funds derived from sale, exchange, or use of nonmarital property must be traced by the jury.) Property that is acquired during the marriage from funds obtained from the sale, exchange, or use of separate property shall remain separate property of the person who contributed the funds. This separate property remains the separate property of the individual who acquired it. This separate property may be subject to equitable division only if you find that it has appreciated (that is, increased in value). I will give you instructions on how to deal with such appreciation later. Bailey v. Bailey, 250 Ga. 15 (1982) Rooks v. Rooks, 252 Ga. 11 (1984) McArthur v. McArthur, 256 Ga. 762 (1987) Sparks v. Sparks, 256 Ga. 788 (1987)