Separate Property:

Separate Property

Property that was acquired either before marriage or during marriage but by gift, devise, descent or bequest is separate property. Separate property is, as the term denotes, entirely the separate property of the spouse to whom the property belongs, and will not be divided or ordered sold by the court in a dissolution proceeding.

In California, rents, issues, profits, interest, etc. generated by entirely separate property are the separate property of the spouse owning the separate property item (note that in Texas, a community property state, rents, issues, profits, interest, etc. earned from separate property are community property).

BACK TO FAMILY LAW TOPICS