SEPARATE PROPERTY (WILLS)

Separate property is everything that a husband and wife OWN SEPARATELY. In most cases, it is 1) anything you or your spouse owned prior to marriage, 2) anything you or your spouse inherited or received as a gift, and 3) anything you or your spouse earned after your separation. It can also include anything that one spouse gives up to the other spouse in writing. Note that in some instances, separate property can become community property (see definition) if it is commingled.