What Is Separate Property in Divorce—and How Does It Apply to Me?

When you're going through divorce, one of the first questions you may have is: “What is actually mine?” That’s where separate property comes in.

Separate property generally refers to assets that may belong to one spouse rather than being divided as marital property. Depending on state law and your circumstances, this can include property you owned before marriage, an inheritance received individually, or a gift specifically given to you.

Sounds simple—but it can get complicated.

For example, imagine you receive an inheritance and keep it in an account solely in your name. It may remain separate property. But if that money is deposited into a joint account, used toward a jointly owned home, or mixed with marital funds, determining what remains separate can become more difficult. This is often referred to as commingling.

Documentation can also be extremely important. Bank statements, property records, inheritance documents, and other records may help establish where an asset came from and how it was handled during the marriage.

Every divorce is different, and the laws governing separate and marital property vary by state. Before assuming an asset is yours—or agreeing to give something up—make sure you understand how it may be treated in your situation.

At Divorce Financial Consultants, LaShaun Shelby, MBA, CDFA®, CFP® can help you organize the details, understand the bigger picture, and work alongside your attorney as you consider your options.

Have questions about your assets during divorce? Schedule a complimentary 30-minute consultation with LaShaun by calling (520) 738-5897.

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