Property owned by one spouse individually, acquired before marriage or during marriage by gift or inheritance, or designated as separate by prenuptial or postnuptial agreement. In common law jurisdictions, each spouse owns their separate property individually, while in community property jurisdictions, separate property is distinct from community property acquired during marriage.
Separate property is what you own individually, not jointly with your spouse. Property you owned before marriage is separate property. Gifts and inheritances you receive (even during marriage) are usually separate property. Everything else acquired during marriage might be marital or community property, depending on where you live.
⏱ When you'll encounter this term
- Divorce proceedings dividing marital assets
- Making a will and deciding what you can leave to others
- Prenuptial agreements defining property ownership
- Inheritance situations where only one spouse inherits
"I inherited $200,000 from my grandmother during my marriage. Because it was an inheritance, it's my separate property—I can leave it to whoever I want in my will without needing my husband's consent, and it wouldn't be divided if we divorced."
⚖️ Compare: Separate Property vs Marital Property
Owned individually by one spouse. Acquired before marriage or by gift/inheritance. Not divided in divorce (usually).
Owned jointly or acquired during marriage. Subject to division in divorce. May require both spouses' consent to transfer.
💡 Did you know?
Separate property can become marital property if you "commingle" it—like depositing inheritance money into a joint bank account. Once commingled, it can be very difficult to prove what portion was originally separate property.