What is “separate property” under California law?

  • By:admin

“Separate property” is legally defined as 1) any property owned before marriage, 2) property acquired during marriage by gift, bequest, devise or descent; 3) the rents, issues and profits generated by separate property and 4) any earnings and accumulations by the parties after they separated with no intention to resume the marriage.

A better explanation for separate property would be 1) any property, earnings and accumulations acquired before marriage and after separation, 2) any property that one spouse received as gift or inheritance, 3) personal injury damages received by one spouse where the cause of action arose outside of the marriage and 4) any profits, rents or income generated by the separate property.  For example, if you own a home prior to the marriage and rented the property to a tenant during the marriage, any rental income received for the property is considered your separate property as well.

Under federal law, the followings and many other items are considered separate property of a spouse which means that they are not divisible community property: federal savings bonds, military insurance policies, federal employee benefits such as military retirement pay, civil service pensions, etc..), social security benefits, unpaid veteran’s disability and benefits.


To learn more about your rights in a divorce, call 310-212-7109 and ask to speak to an attorney.

****The opinion above is not intended to be legal advice and absolutely does not create any attorney-client relationship between its author and the readers. Please consult an attorney for information or advice specific to your legal issue.****

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Posted in: Family Law, Uncategorized