What is separate property for purposes of a will?

For purposes of a will or estate, separate property includes all property and assets owned solely by the deceased person, and excludes property owned jointly with another person or persons, such as community property. The most common types of separate property include:

  • Property owned or acquired before the marriage or domestic partnership
  • Inheritances
  • Gifts
  • Property acquired from a trust
  • Property that is separate by agreement of the spouses or domestic partners
  • Property acquired with the proceeds of separate property that is not intended for use or benefit of both spouses / partners
  • Property acquired after the parties separate

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