What is Separate Property?

Anytime a couple decides to get married, each spouse usually has property that he/she owned prior to the commencement of the marriage.  These assets are known as "non-marital" or "separate" property and are not considered part of the couple's marital property.

In order for the property to remain "separate", a spouse must keep the property in his/her name.  For example, if a spouse received a monetary gift prior to the beginning of his/her marriage and he/she kept the gift in his/her name, the property would remain non-marital.  This means that if the couple were to file for divorce or legal separation, the spouse would keep the full monetary gift.

In the state of California, family laws state that all property that is brought into a marriage, including gifts and inheritances, are to remain categorized as separate property. 

If you have questions about property division, marital property or separate property, take the time to consult with a Riverside family law attorney by contacting the Law Office of Michael R. Young today!