WHAT IS SEPARATE PROPERTY?A Guide to Property Rights in Divorce

SEPARATE PROPERTY DEFINED

When you are married to someone, there are two types of property

you may own

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

One type, community property or marital property, belongs to both you and your spouse as a married couple

The other type, separate property, belongs only to you

Your spouse has no legal interest in it

The other type, separate property, belongs only to you

WHY IS SEPARATE PROPERTY IMPORTANT?

The distinction between separate property and community or marital

property is important in case you and your spouse divorce

While community property must be shared and divided,

separate property is yours to keep

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

WHAT ARE SOME TYPES OF SEPARATE PROPERTY?

Separate property includes anything that you owned prior to getting

married

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

WHAT IF I BUY SOMETHING WITH MY SEPARATE PROPERTY AFTER I AM

MARRIED?

If you buy something with your separate property after you are

married, the separate property should

STILL REMAIN YOURS

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

WHAT IF MY SEPARATE PROPERTY EARNS MONEY?

If you earn rents, profits or other money from your separate property,

this profit is yours to keep

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

WHAT IF I MIX MY SEPARATE PROPERTY WITH MARITAL PROPERTY?

If you combine your separate property with your spouse’s or if the two of you

buy something together using your own separate money, this can create

confusion upon entering into divorce

The money or asset will need to be traced back to you and you’ll need to demonstrate

what portion was separate property

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

HOW CAN YOU PROTECT SEPARATE PROPERTY?

There are a number of ways you can ensure that you protect your separate

property including:

A premarital agreement

A post-marital agreement

Maintaining separate accounts and not mixing your separate property with marital assets

SEPARATE PROPERTY AND DIVORCE

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

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

LEARN MORE ABOUT SEPARATE PROPERTY IN CALIFORNIA

Doyle Golde Grossman Family Law Group

www.familylawgroup.com925-314- 2320

Doyle Golde Grossman Family Law Group

www.familylawgroup.com925-314- 2320

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