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Property & Assets

Separate Property

Assets or debts that belong to one spouse individually and are generally not subject to division in divorce.

Understanding Separate Property

Separate property typically includes assets owned before marriage, inheritances received by one spouse, gifts given specifically to one spouse, and personal injury awards. To remain separate, these assets must not be commingled with marital funds. For example, depositing an inheritance into a joint account may convert it to marital property. The burden of proving property is separate usually falls on the spouse claiming it.

Real-World Examples

Her inheritance of $100,000 remained separate property because she kept it in an account solely in her name.

State-by-State Variations

Community property states and equitable distribution states both recognize separate property, but tracing rules differ.

Related Terms

Related Guides

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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.

Always consult a licensed attorney in your area for advice specific to your situation.