Separate Property

In one sentence

Property owned by one spouse individually, not subject to division in a divorce or affected by the other spouse's debts.

Plain English

Separate property is anything owned by one spouse alone before marriage, inherited during the marriage, or received as a gift during the marriage (in most states). It belongs to that one person and is not considered joint marital property. In a divorce, separate property generally stays with the spouse who owns it and is not divided between the spouses. Separate property also protects one spouse from the other's debts and creditors. The rules for what counts as separate property vary significantly by state, especially in community property states versus common law property states.

Ad slot

Example

Before marrying, Jessica inherited $100,000 from her grandmother. During her marriage, she keeps this money in her own account and does not mix it with marital funds. If Jessica and her husband divorce, the $100,000 remains her separate property and is not divided; her husband has no claim to it.

Used in a sentence

“The house was her separate property because she owned it before the marriage began.”

Related terms

Marital Deduction

A federal tax benefit allowing unlimited transfer of property between spouses without estate or gift tax.

Bequest

A gift of personal property left to someone in a will.

Heir

A person legally entitled to inherit from someone who dies without a valid will, determined by state law.

Administrator

A person appointed by the court to manage an estate when there is no will.

Probate

The court process of validating a will and distributing a deceased person's estate.

Intestate Succession

The legal process of distributing a deceased person's property when they leave no valid will.

Elective Share

A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.

Power of Attorney

A legal document authorizing someone to act on your behalf in financial or medical decisions.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.