| 释义 |
separate property
separate propertyn. in community property states (California, Texas, Arizona, Idaho, Louisiana, New Mexico, Nevada and Washington), the property owned by one spouse which he/she acquired: a) before marriage, b) by inheritance, c) as a gift, d) assets traceable to other separate property such as money received from sale of a house owned before marriage, and e) property the spouses agree is separate property. State laws vary, but basically separate property can be controlled by the spouse owning it. The laws of descent applied to separate property and right to give separate property by will differ from the treatment of community property. Example: a child may inherit part of one spouse's separate property if there is no will, while community property would pass automatically to the spouse. Upon divorce community property is divided equally, while separate property is kept by the owner without division with the other spouse. (See: community property) separate property
Separate PropertyIn marriage and divorce law, real or personal property owned by only one spouse. Separate property exists even in community property jurisdictions. It includes property owned by each spouse before the marriage, and any property given to one spouse as a gift or inheritance. It may also include property that the spouses agree to keep separate. If separate property is liquidated during the marriage (e.g. if a spouse sells a house he/she owns separately) the cash resulting from the sale may also qualify as separate property.separate property The property that is entirely owned by one spouse, even in a community property state. Separate property generally includes property received as an inheritance or as a gift or property owned by one spouse before marriage.separate propertyProperty owned by either spouse before marriage,or inherited by one or the other after marriage.Contrast with community property. In other states,a divorce court will take into consideration the separate nature of property when making decisions to divide property or award alimony.One tricky aspect of the separate property issue is the interest in minerals,oil and gas,crops, timber, or postmarital improvements on or under separate land.Such interests do not always carry with them the separate property characterization. |