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Simple English definitions for legal terms
separate property
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A quick definition of separate property:
Separate property is something that belongs only to one person in a marriage, not both. When people get married, they might share everything they own, which is called community property. But sometimes, one person might want to keep something just for themselves, like a special toy or a favorite book. In some places, like California, they can make an agreement to keep their things separate even if they are married.
A more thorough explanation:
Separate property refers to property that is owned by one spouse and not the other. In some states, such as California, Arizona, and Texas, even in community property jurisdictions, spouses can separate the presumed community property by a clear statement or a written agreement.
- A house that was owned by one spouse before the marriage and was never put in both spouses' names is considered separate property.
- An inheritance received by one spouse during the marriage is considered separate property.
These examples illustrate how separate property is property that is owned by one spouse and not the other. In the first example, the house was owned by one spouse before the marriage and was never put in both spouses' names, so it is considered separate property. In the second example, the inheritance was received by one spouse during the marriage, so it is also considered separate property.