Legal Definitions - separate

In legal terms, when something is described as separate, it means it is considered individually, distinctly, or independently from other related matters. It implies that an item, obligation, or entity stands on its own and is not merged with or dependent on others, even if they arise from a common situation or relationship.

• Separate Legal Entities

  Imagine a small business owner who decides to incorporate their graphic design company. Once incorporated, the company becomes a separate legal entity from its owner. This means the company can enter into contracts, incur debts, and be sued in its own name, distinct from the personal finances and liabilities of the owner. If the company faces a lawsuit, the owner's personal assets (like their home or personal savings) are generally protected because the company's legal existence is separate from the owner's.

• Separate Causes of Action

  Consider a situation where a tenant sues their landlord. The tenant might have one claim for the landlord's failure to make necessary repairs to the apartment and another claim for the landlord illegally entering the apartment without notice. Even though both issues involve the same landlord-tenant relationship, these would likely be considered two separate causes of action. Each claim addresses a distinct legal wrong and might require different evidence and legal arguments to prove.

• Separate Property

  In jurisdictions that recognize community property, assets acquired by spouses during their marriage are typically considered community property and are jointly owned. However, if one spouse owned a valuable art collection before the marriage, or if they received an inheritance from a relative during the marriage, these assets would generally be classified as separate property. This means they belong solely to that individual spouse and are not automatically shared with the other spouse, distinguishing them from any community property acquired jointly.