separate property

separate property.

1. Property that a spouse owned before marriage or acquired during marriage by inheritance or by gift from a third party, and in some states property acquired during marriage but after the spouses have entered into a separation agreement and have begun living apart or after one spouse has commenced a divorce action. — Also termed individual property. Cf. COMMUNITY PROPERTY; marital property under PROPERTY. [Cases: Husband and Wife 248.5–264(7).]

2. In some common-law states, property titled to one spouse or acquired by one spouse individually during marriage.

3. Property acquired during the marriage in exchange for separate property (in sense 1 or sense 2). [Cases: Divorce 252.3(3). C.J.S. Divorce §§ 521–525.]


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