In California, separate property refers to assets and property that one spouse owns individually, rather than jointly with the other spouse. Separate property generally includes property acquired before the marriage, property received as a gift or inheritance during the marriage, and any income or assets that are specifically designated as separate property in a valid prenuptial agreement. For example, if one spouse inherited a family home during the marriage, that home would typically be considered separate property. Additionally, property purchased with separate funds, such as a bank account opened with one spouse’s individual savings, remains separate property as long as it hasn’t been commingled with community property during the marriage.
While separate property is not subject to division in a California divorce, it is important to understand that any property or income that becomes commingled with community property can lose its separate property status. For instance, if one spouse deposits their separate property funds into a joint bank account or uses separate property to buy a home in both spouses’ names, the property may be considered community property instead. The spouse claiming an asset as separate property must provide evidence to support this claim, and any disputes over whether property is separate or community property may be resolved through property tracing or other legal methods. Proper documentation and clear separation of assets can help prevent confusion or disputes over property division during a divorce.
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