Separate property includes assets owned before marriage, gifts and inheritances to one spouse, property excluded by agreement, and in some states property acquired after separation.
The burden of proving separate character rests on the claiming spouse.
Alternative Names:
Non-Marital Property|Individual Property
Why it Matters?
The claiming spouse bears the burden, which means documentation establishing the asset's origin and continuous separate maintenance is required, and gaps in records convert separate property to marital by default. Inherited funds deposited into joint accounts are the recurring loss, since commingling defeats the separate character absent tracing. Maintaining inherited and pre-marital assets in separate titled accounts is the preventive practice.
Frequently Confused with
Related terms
Frequently asked questions
Who bears the burden of proof?
What is the recurring loss?
