Also known as: separate properties · separate estate
Written by attorneys · grounded in primary & secondary sources — see below
Property that belongs exclusively to one owner rather than to a marital community or partnership. It includes assets owned before marriage or formation, acquired by gift or inheritance, or designated as separate by agreement. Upon divorce or dissolution the court must assign such property to its owner.
Partner Samantha Stone buys a delivery van in her own name with personal funds and titles it without any reference to her partnership. Even though she later uses the van for partnership deliveries, the title instrument contains no partnership indication and no partnership money was used. The presumption therefore treats the van as Samantha's separate property.
During divorce proceedings Simone Sanders proves that a portfolio she inherited from her aunt remains titled solely in her name and was never commingled with marital funds. The court assigns the entire portfolio to Simone as her separate property and divides only the community assets between the spouses.
Select any source to read its text and confirm it supports the definition.
Stella Shapiro and her partner sign a written agreement stating that each person's earnings and acquisitions during their relationship will remain that person's separate property. When the relationship ends, a court enforces the agreement and awards Stella the home she purchased with her own earnings.
Selena Singh obtains a divorce decree in State A that awards her the couple's vacation cabin located in State B. Because the cabin was purchased with Selena's inheritance, it is characterized as her separate property, and the decree's assignment of that asset is recognized when she records the judgment in State B.
Seth Shapiro executes a deed conveying his joint-tenancy interest in the marital home to himself as a tenant in common. The severance converts the former joint interest into Seth's separate property, allowing his estate to pass his undivided half to his siblings rather than to his surviving spouse by right of survivorship.
Steven Silva fails to file the required statement of claim for mineral rights he inherited before marriage. Under the applicable statute the interest lapses and returns to the original grantor. Because the rights were Steven's separate property, the lapse affects only his individual ownership and does not impact any community assets.
Courts look to the time and manner of acquisition. Property owned before marriage or received by gift or inheritance during marriage is separate. Tracing rules and transmutation agreements can also establish or change the character of an asset.
Supporting sources
In most community-property states the court must award separate property to its owner. A few jurisdictions permit limited invasion of separate property for equitable reasons such as child support or when justice requires, but the starting rule is that separate property stays with its owner.
Supporting sources
Separate property passes according to the decedent's will or the laws of intestate succession. The surviving spouse has no automatic ownership interest in the decedent's separate property, although an elective-share statute may allow the survivor to claim a portion of the augmented estate that includes certain separate assets.
Supporting sources
Under the Uniform Partnership Act, property acquired in a partner's individual name without partnership indication and without partnership funds is presumed separate even if later used in the partnership business.
Supporting sources
…property; conversely they may agree that each partner's earnings and the property acquired from those earnings remains the separate property of the earning partner.[^maj-10] So long as the agreement does not rest upon illicit meretricious consideration, the parties may order their economic affairs as they choose, and no policy…