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
All assets and debts acquired by either spouse during the marriage, which are subject to division in divorce.
TransmutationThe legal conversion of separate property into marital property, or vice versa, through the actions of the spouses.
ComminglingMixing separate property with marital property in a way that makes it difficult or impossible to distinguish between the two. Commingled assets may be treated as marital property.
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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.