What is "Separate Property"?

Posted on November 14, 2005 by J. Benjamin Stevens

In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's property division laws, but is kept by the spouse who owns it. Separate property includes all property that a spouse obtained before marriage, through inheritance or as a gift. It also includes any property that is traceable to separate property -- for example, cash from the sale of a vintage car owned by one spouse before marriage-and any property that the spouses agree is separate property.

Copyright © 2005 Nolo

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Liz - September 11, 2006 12:06 PM

In the case of divorce, does my soon to be former spouse have any right to my house or land? I aquired both before we were married, and conitued to make payments throughout the marriage.
Thank you

Garnie - September 15, 2006 11:35 AM

If South Carolina is not a Community Property state, what does happen to a home that was purchased by one party prior to the marriage? Will it be shared in the settlement?
Thanks.

lianne frianeza - May 15, 2008 6:54 PM

My ex to be filed divorce last July 2006. I recieved a lumpsum benefits from SSDI.Does he have the right to claim this as community property. We were married less than ten years. Thank you.

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