Legal Definitions - individual property

Individual property, often referred to as separate property, describes any asset owned solely by one person. This ownership is distinct from property owned jointly with others, such as a spouse, business partner, or co-owner. In the context of marriage, individual property typically includes assets acquired before the marriage, inheritances received by one spouse, or gifts given specifically to one spouse during the marriage. It also encompasses any income or appreciation derived from these separate assets, provided they are kept distinct from marital or community property.

Here are some examples illustrating individual property:

• Example 1: Pre-Marital Asset
  Before getting married, David owned a vacation cabin that he purchased with his earnings from several years of work. He kept the cabin titled solely in his name and continued to manage it independently after his marriage.

  Explanation: The vacation cabin is David's individual property because he acquired it entirely on his own before his marriage, and it was not commingled with any marital assets.

• Example 2: Inheritance During Marriage
  During their marriage, Maria's aunt passed away and left Maria a substantial sum of money in her will. The will specifically named Maria as the sole beneficiary of these funds, which Maria then deposited into a bank account held only in her name.

  Explanation: The inherited money is Maria's individual property because it was a gift received solely by her through inheritance, even though she was married at the time. She also kept it separate from joint marital funds.

• Example 3: Personal Gift
  For his birthday, John received a valuable antique watch from his best friend. The gift was intended exclusively for John, and it was never considered a joint possession with his spouse.

  Explanation: The antique watch is John's individual property because it was a personal gift given specifically to him, not to him and his spouse jointly, thereby establishing his sole ownership.