Wills & Testaments

Separate Property

Property that belongs to one spouse alone, not to both spouses jointly. Separate property typically includes assets owned before marriage, gifts received by one spouse, and inheritances.

Practical Example

Before getting married, Tom owned a cabin in the mountains. After marriage, the cabin remains his separate property. However, if he uses marital funds to improve it, some of the increased value might become community/marital property.