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Wills Glossary

SEPARATE PROPERTY

Everything that a husband and wife own separately. In most cases, it is: (1) anything you or your spouse owned before marriage; (2) anything you or your spouse inherited or received as a gift; and (3) anything you or your spouse earned after separation. Anything you purchase with those assets, or the proceeds from the sale of those assets, would also be considered separate property. It can also include anything that one spouse gives up to the other spouse in writing. In some instances, separate property can become community property if the spouses agree in writing.