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What Is Separate Property?

What Is Separate Property?

Separate property is not subject to division by the court upon dissolution of marriage or legal separation. In California, separate property is defined by the family code as:

  1. All property owned by the person before marriage.
  2. All property acquired by the person after marriage by bequest, devise, or decent.
  3. The rents, issues, and profits of the property described in this section.
  4. The earnings and accumulations of a spouse and the minor children living with, or in the custody of the spouse, while living separate and apart from the other spouse.

California Family Code Sections 770-771. If you or a loved one is going through a divorce or legal separation, please contact our Rancho Cucamonga family law office and set up a free consultation. Our Rancho Cucamonga family law attorney would like to take some time and discuss your options with you.