What Is Separate Property?
Assets owned before marriage or received as gifts/inheritance that are generally not divided.
Separate property refers to assets that belong to one spouse individually and are generally not subject to division in divorce. This typically includes property owned before the marriage, inheritances received by one spouse (even during the marriage), gifts given specifically to one spouse, and personal injury settlements. However, maintaining the separate character of these assets requires careful record-keeping. If separate property is mixed with marital funds — for example, depositing an inheritance into a joint bank account — it may be considered commingled and could lose its protected status. The burden of proving that an asset is separate property usually falls on the spouse making the claim.
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View CalculatorsThis definition is for general educational purposes only and does not constitute legal or financial advice. Laws vary by state and change frequently. Consult a qualified professional for guidance specific to your situation.
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