Separate property is everything that the husband and wife own separately. In a community property state, this includes property received by gift or inheritance, as well as property acquired before the marriage. In a common law separate property state (which is every state except for Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), the spouse whose name is on the title document, whether a deed or account registration, owns that property. If there is no such document, the spouse who paid for the property owns it. Money earned by one spouse remains the separate property of that spouse. However, if both spouses put their names on the title document, they own the property jointly. Nevertheless, in the event of a divorce, a court in a separate property state will distribute all of the property acquired by both spouses in a manner deemed to be "equitable" or fair in each case.
property that is not marital or community property. Usually owned prior to the marriage or received by inheritance or gift during the marriage. Also called nonmarital property.
Property in a community property state which is owned by only one spouse. It is the opposite of community property, and can be created by acquisition prior to the marriage, a devise under a will, a gift solely to that spouse, or by inheritance. It must be clearly maintained as separate property or it may become commingled with the couple's community property and then become community property.
Any property obtained (1) before marriage, (2) after death or dissolution of marriage, or (3) by gift or inheritance.
Refers to property owned solely by one of the spouses in a marriage. This concept can be particularly significant in connection with the regulations that affect community property.
Property that is owned and controlled entirely by one spouse in a marriage.
Property owned individually by a spouse in which the other spouse has no interest.
All of a person's property that isn't community property. For example, what you owned before you got married, gifts from other people, and things you inherit. Unless you give your spouse your separate property or combine it with community property, separate property stays separate.
property that is owned by one person in a marriage, but is not considered community property.Separate property also refers to property that a spouse has brought into a marriage, has acquired before marriage, or has acquired after marriage.
Property a husband or wife owns independently of the other.
In California, a category of property held by husband or wife that is not community property, but that is owned separately by the husband or wife. Gifts, inheritances, and property owned before marriage are usually considered separate property.
Property owned by a husband or wife in which the other has no legal ownership interest.
Property owned by a husband or wife that is their own property, such as property owned before marriage or acquired after marriage by gift or inheritance.
Separate property means that property of a husband or wife which is his or her separate property as defined in A.R.S. section 25-213.
All property which is not community property. See Community Property.
Property owned by a married person in his or her own right outside of the community interest including property acquired by the spouse (1) before marriage, (2) by gift or inheritance, (3) from rents and profits on separate property, and (4) with the proceeds from another separate property.
Property that was purchased or acquired by one spouse before the marriage, or is the result of a gift or inheritance during the marriage.
All property that you owned prior to marriage or that you have acquired during marriage by gift or inheritance is your Separate Property. The court CANNOT award your Separate Property to your spouse. Gifts from your spouse are your Separate Property.
Another name for personal property. When divorce occurs, separate property is not divided. p 35
Separate property is everything that a husband and wife own separately. In most cases, separate property is: Anything owned prior to marriage, Anything inherited or received as a gift during the marriage, and Anything either spouse earned after the date of separation. The amount payable can be up to 40% of the paying spouse's net income after deducting child support, less 50% of the amount of the supported spouse's net income if the supported spouse is working. The LegalZoom Prenuptial Agreement allows for spousal support to be waived by the recipient spouse.
Ownership in real property which is to be specifically excluded from community property.
Property that is not “marital property†but belongs only to one spouse. Examples of separate property include gifts to a spouse, inheritance, or property owned prior to marriage.
In a community property state, property owned solely by either spouse.
Generally, all assets you acquire prior to marriage and assets acquired by gift or inheritance during marriage.
In general usage, property which is not "Marital Property". Utah is not a community property state but has borrowed community property concepts for purposes of defining Marital Property and Separate Property in calculating the Elective Share. In community property jurisdictions, separate property is property received by inheritance, gift, or personal injury settlement, together with income generated therefrom. It may also be designated property that was held by either party in a marriage prior to the current marriage. Once this property has been added to a joint account or co-mingled with other joint assets, it is normally not considered separate property.
Property owned by one spouse solely, rather than jointly with the other spouse.
In California, a category of property between husband and wife that is not community property or quasi-community property, but that is owned separately by the husband or wife.
In community property states (California, Texas, Arizona, Idaho, Louisiana, New Mexico, Nevada and Washington), the property owned by one spouse which he/she acquired: a) before marriage, b) by inheritance, c) as a gift, d) assets traceable to other separate property such as money received from sale of a house owned before marriage, and e) property the spouses agree is separate property. State laws vary, but basically separate property can be controlled by the spouse owning it. The laws of descent applied to separate property and right to give separate property by will differ from the treatment of community property. For example a child may inherit part of one spouse's separate property if there is no will, while community property would pass automatically to the spouse. Upon divorce community property is divided equally, while separate property is kept by the owner without division with the other spouse.
Property owned before marriage, obtained during a marriage as a result of a gift or inheritance made specifically to one spouse but not the other, or obtained after separation of the spouses.
Property acquired while unmarried or received by inheritance or devise during marriage and not explicitly transmuted to community property in writing.
Property acquired before marriage, and property acquired during marriage by gift, devise, descent, or bequest.
All property owned separately by the husband or wife before marriage. It is also property acquired separately after marriage by the husband or wife as a gift, devise, bequest or inheritance. Separate property may be acquired during marriage by purchase with separate funds, by exchanging the separate property, or in accordance with a pre- or post-nuptial agreement.
Real property owned by one spouse exclusive of any interest of the other spouse.
Property individually owned by either husband or wife during the time of marriage, as opposed to property jointly owned by husband and wife.
Property considered by the courts to belong only to one spouse or the other. It is not available for equitable distribution.
Separate property is everything that a husband and wife OWN SEPARATELY. In most cases, it is (1) anything you or your spouse owned prior to marriage, (2) anything you or your spouse inherited or received as a gift, and (3) anything you or your spouse earned after your separation. It can also include anything that one spouse gives up to the other spouse in writing. Note that in some instances, separate property can become community property if it is commingled.
Property owned by a husband or wife which is not community property; property acquired by either prior to marriage or by gift, will or inheritance, and all of the rents, issues and profits thereof.
In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's property division laws, but is kept by the spouse who owns it. Separate property includes all property that a spouse obtained before marriage, through inheritance or as a gift. It also includes any property that is traceable to separate property -- for example, cash from the sale of a vintage car owned by one spouse before marriage-and any property that the spouses agree is separate property. Compare community property and equitable distribution.
Under community property law, property owned solely by either spouse before the marriage, acquired by gift or inheritance after the marriage or purchased with separate funds after the marriage.
Property owned by a husband or wife which is not community property; property acquired by either spouse prior to marriage or by gift or devise after marriage.
Real property that is owned by one person exclusive of any interest of another person.
Property acquired by a spouse prior to the marriage, or by gift or will after the marriage.
