Also known as: separate property regimes · separate property system · separate property
Written by attorneys · grounded in primary & secondary sources — see below
A system of marital property ownership under which each spouse retains individual title to assets acquired before marriage or received by gift, devise, or inheritance. Property acquired during the marriage is not automatically shared between the spouses. Courts assign each spouse's separate property to that spouse upon dissolution without regard to marital misconduct.
Samuel Soto purchased a delivery van in his own name using personal funds and titled it without any reference to his partnership. He later used the van for partnership deliveries. When the partnership dissolved, the other partners claimed an interest in the van. The court treated the van as Samuel's separate property because title was taken individually without partnership indication or partnership funds.
Sophia Singh owned a rental condominium purchased before her marriage and a portfolio of inherited stocks. During divorce proceedings her spouse sought an equal division of those assets. The court assigned the condominium and the stocks solely to Sophia as her separate property and divided only the assets acquired during the marriage.
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Steven Silva and Sasha Stone lived together for several years without marrying. Steven bought a home in his name alone with his earnings and placed title solely in his name. When the relationship ended, Sasha claimed an interest in the home. The court awarded the home to Steven as his separate property because title reflected individual ownership and no partnership or marital presumption applied.
Sydney Santos acquired land in State A before her marriage. After moving to State B, a divorce decree from State B purported to divide the land. Sydney's former spouse sought enforcement of the division in State A. The court in State A refused to alter title because the land remained Sydney's separate property and the foreign decree could not reach it.
Under a separate property regime each spouse keeps individual ownership of assets acquired before marriage or by gift, devise, or inheritance. Assets acquired during marriage are not automatically shared. In contrast, community property systems treat most assets acquired during marriage as jointly owned by both spouses.
The court assigns each spouse's separate property to that spouse. Only property acquired during the marriage that qualifies as marital or community property is subject to division in just proportions.
Yes. Property acquired in a partner's individual name without any indication of partnership capacity and without partnership funds is presumed separate even if later used for partnership business.
A valid premarital agreement can confirm or alter the treatment of assets as separate property. The agreement must satisfy statutory requirements for voluntariness, disclosure, and execution to be enforceable.
…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…