What Is a Separate Property?

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What is Separate Property?
A Guide to Property Rights in Divorce
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SEPARATE PROPERTY DEFINED
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When you are married to someone, there are two
types of property you may own
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One type, community property or marital property,
belongs to both you and your spouse as a married
couple
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One type, community property or marital property,
belongs to both you and your spouse as a married
couple
You both have an interest in the property
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The other type, separate property, belongs only
to you
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The other type, separate property, belongs only
to you

• Your spouse has no legal interest in it

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WHY IS SEPARATE PROPERTY IMPORTANT?
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• The distinction between separate property and
  community or marital property is important in
  case you and your spouse divorce

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While community property must be shared and
divided, separate property is yours to keep
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You may take separate property with you when you
leave your spouse and the separate property will
be granted to you in a divorce settlement or
separation agreement
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What Are Some Types of Separate Property?
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Separate property includes anything that you
owned prior to getting married
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Separate property also includes inheritances that
you receive while you are married as well as
gifts that are given only to one spouse during
the marriage
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What if I Buy Something With My Separate Property
After I Am Married?
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If you buy something with your separate property
after you are married, the separate property
should still remain yours
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The item that you bought will be classified as
separate property and you will be entitled to
keep 100 percent of it in the divorce process
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WHAT IF MY SEPARATE PROPERTY EARNS MONEY?
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If you earn rents, profits or other money from
your separate property, this profit is yours to
keep
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You will need to keep the profits and earnings
separate and distinct from marital property and
assets in order to protect your separate property
and ensure there is no confusion about who has a
right to it in a divorce situation
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WHAT IF I mix my separate property with marital
property?
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• If you combine your separate property with your
  spouses or if the two of you buy something
  together using your own separate money, this can
  create confusion upon entering into divorce

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• The money or asset will need to be traced back to
  you and youll need to demonstrate what portion
  was separate property

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The need to prove what property is yours can make
it harder to ensure you get 100 percent of your
own separate property in a divorce settlement
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How Can You Protect Separate Property?
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There are a number of ways you can ensure that
you protect your separate property including
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Separate Property and Divorce
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If you end your marriage, you should
automatically be entitled to keep your separate
property rather than having to share any of it
in the divorce settlement
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If your property has been mixed with spousal or
marital property, you should consult with an
attorney who can help you to prove the extent of
the assets that belong separately to you
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Learn more about separate property in california
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Doyle Golde Grossman Family Law
Group www.familylawgroup.com 925-314- 2320
Doyle Golde Grossman Family Law
Group www.familylawgroup.com 925-314- 2320
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