property

separate property

In community property states, separate property is property owned by one spouse alone rather than jointly by the marriage. It generally includes property owned before the marriage and property received during the marriage by gift or inheritance, as well as property bought with separate funds. The owning spouse can usually sell or encumber separate property without the other spouse's signature. Separate property can lose its status if it is mixed with community funds.

Exam tip
Gift, inheritance, or owned before marriage equals separate property. Everything else acquired during the marriage is usually presumed community property.
Example
A wife inherits a cabin from her father during the marriage; in a community property state, the cabin is her separate property.

Related terms & state variants

Sources

Source verification pending. Confirm current requirements with your state regulator.

Last verified: 2026-10-23