The Real Estate Encyclopedia & Blog

Separate Property

by | Feb 10, 2026

In real estate and marital property law, separate property refers to property owned by a married person individually and not as part of the community estate. This property belongs solely to one spouse and is not subject to division as community property.

Separate property generally includes assets acquired before marriage, property received by gift or inheritance, rents and profits derived from separate property, and property purchased with the proceeds of other separate property. The classification of property as separate or community can have significant legal and financial implications.