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Legal Definitions - paraphernal property
Definition of paraphernal property
Paraphernal property refers to assets that a married woman owns separately from her husband, which are not part of a dowry (if such a system is applicable) and do not become part of the couple's joint marital estate. These assets typically include property she owned before marriage, or received as a personal gift or inheritance during the marriage, and over which she retains independent control and ownership.
Here are some examples to illustrate this concept:
Example 1: Pre-marital Assets
Before marrying Alex, Brenda owned a small investment portfolio that she had built up over several years. She kept this portfolio in her name and continued to manage it independently after their wedding.
This investment portfolio is Brenda's paraphernal property. Since she acquired it before the marriage and it was not designated as part of any joint marital fund or dowry, it remains her separate asset, under her sole ownership and control.
Example 2: Inheritance During Marriage
While married to Robert, Lisa inherited a significant sum of money and a piece of undeveloped land from her deceased aunt. The will specifically named Lisa as the sole beneficiary of these assets.
Both the inherited money and the land are Lisa's paraphernal property. Even though she received them during her marriage, they were an inheritance specifically to her, and thus typically remain her individual assets, separate from the couple's shared marital property.
Example 3: Personal Gifts During Marriage
For her 40th birthday, Sarah's parents gifted her a unique, custom-designed diamond necklace. Her husband, Michael, was present at the celebration but the gift was explicitly for Sarah.
The diamond necklace is considered Sarah's paraphernal property. It was a personal gift given directly to her, not to the couple jointly, and therefore it remains her individual asset, separate from the marital estate.
Simple Definition
Paraphernal property refers to the separate property owned by a wife that is not included in her dowry. This property typically remains under her personal control and is distinct from the assets she contributes to the marriage as part of a dowry.