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 ?
His mother, who had her own separate property, had allowed Alexey every year twenty thousand in addition to the twenty-five thousand he had reserved, and Alexey had spent it all.
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.
In determining equitable distribution of the parties' assets in the divorce proceeding, the circuit court found that, with respect to the stock assets, marital property and separate property have been comingled into newly acquired property, thereby resulting in the loss of the identity of the contributing properties and transmuted into marital property.
Under the deal, PWU will remain under the control of the Benitez family but the family will give up in favor of STI certain assets of Unlad Resources Development Corp.: the property in Quezon City where JASMS currently operates as well as a separate property in Davao.
Yesterday, emergency services returned to the street when a man was injured by falling debris from a separate property. A section of plaster fell from the ceiling of a ground floor living room at that house on Boaler Street.
"But from my point of view, the fact is there's no way the annexe could be sold as a separate property.
Mr Noble said the only assets were secondary finance loans provided by the Isle of Man fund for three separate property deals in Birmingham.
The divorce petition asks that 'earnings and accumulations of [Aguilera] before marriage, during marriage and from and after the date of separation' be considered separate property, reports TMZ.com.
The state responded that air rights are not a separate property lot and are "merely a mechanism for tax-billing purposes." [Post]
(2) Consequently, it has been held that even though an insured and his spouse are residents of a community property state and all premiums have been paid with community funds, the entire proceeds of government life insurance issued to servicemen and veterans are includable in insured's gross estate for federal estate tax purposes as if they were his separate property. (3) The Supreme Court of California has held that the Wissner decision is not authority with respect to Federal Employees Group Life Insurance, that community property rights can be asserted in the proceeds of such insurance notwithstanding the insured's beneficiary designation.
Separate property is property acquired before marriage, after marriage and during marriage with separate property.
Christian Garner, managing director, GE Real Estate, said, "The acquisition of the SDM Portfolio gives our joint venture business added economies of scale in three separate property types throughout Southern California and Arizona.