separate property


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separate property

n. in community property states (California, Texas, Arizona, Idaho, Louisiana, New Mexico, Nevada and Washington), the property owned by one spouse which he/she acquired: a) before marriage, b) by inheritance, c) as a gift, d) assets traceable to other separate property such as money received from sale of a house owned before marriage, and e) property the spouses agree is separate property. State laws vary, but basically separate property can be controlled by the spouse owning it. The laws of descent applied to separate property and right to give separate property by will differ from the treatment of community property. Example: a child may inherit part of one spouse's separate property if there is no will, while community property would pass automatically to the spouse. Upon divorce community property is divided equally, while separate property is kept by the owner without division with the other spouse. (See: community property)

References in classic literature ?
Hence, it becomes obvious that separate property is the natural and indisputable right of separate exertion; that community of goods without community of toil is oppressive and unjust; that it counteracts the laws of nature, which prescribe that he only who sows the seed shall reap the harvest; that it discourages all energy, by destroying its rewards; and makes the most virtuous and active members of society the slaves and drudges of the worst.
Yesterday, emergency services returned to the street when a man was injured by falling debris from a separate property.
There is also a detached garage which could be suitable as annex or potentially separate property subject to planning permission.
The wife contended that the policy was her separate property because the husband arranged for the policy to be put solely in her name, thereby changing the policy's character from community property to separate property.
According to the Court of Appeals of Texas, where an appraisal review board issues separate orders for separate properties in a single appeal, attorney fees may be ordered for each separate property.
The raid comes months after a separate property in the same street uncovered pounds 35,000 worth of cannabis.
The singer's recording contract is listed as confidential because it was considered separate property due to the prenuptial agreement the former couple had.
He also faces a charge of burglary relating to a separate property in Thornbury, South Gloucestershire between December 21 and January 3.
At North Avon Magistrates' Court, Farrow will also face a charge of burglary relating to a separate property in Thornbury between December 21 2011 and January 3 2012.
Conversely, separate property is generally 1) property owned by either spouse before marriage; 2) property acquired after marriage by gift, devise or bequest; 3) in certain respects, the rents, issues and profits of separate property; and 4) property acquired during marriage with the proceeds of separate property.
Uddin also argued successfully to defeat a temporary injunction in a separate property case.
Reports suggest the bidding consortium would split the business into an operating company selling and servicing cars and a separate property company controlling its 71 forecourts.