Legal Definitions - separate property

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.