Also known as: separate estates · separate property
Written by attorneys · grounded in primary & secondary sources — see below
An ownership interest in property held by an individual in his or her own right rather than as part of a partnership or marital community. The interest remains subject to assignment to that individual in dissolution proceedings.
Sabrina Shah purchased an apartment building using funds from a newly formed partnership account. The bank required title in Sabrina's individual name alone with no partnership reference in the deed. A partnership creditor later sought to reach the building. Because the deed showed no partnership capacity and the acquisition occurred without partnership assets in the title instrument, the building is presumed Sabrina's separate estate.
Solomon Silver and Stella Shapiro divorced in a state following the Uniform Marriage and Divorce Act. Solomon owned a portfolio acquired before marriage and never commingled with marital funds. The court assigned the portfolio to Solomon as his separate estate before dividing the community property in just proportions.
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Samuel Soto was ordered to pay permanent alimony to Sofia Stern after their divorce. The decree expressly vested the alimony payments in Sofia for her own and separate use with full power to invest or dispose of the funds by will. The payments therefore constituted Sofia's separate estate free from Samuel's control.
Simone Sanders held property in joint tenancy with her sister. Simone executed a deed conveying her interest to a third party who immediately reconveyed it to her. The conveyance severed the joint tenancy because Simone transferred her separate estate without the sister's consent.
Sterling Manufacturing's founder and his wife divorced under Alabama law. The statute permitted alimony against the husband only if the wife had no separate estate or if it was insufficient. The wife possessed substantial inherited securities that qualified as her separate estate, precluding an alimony award.
Skyline Construction held mineral interests that were subject to a statutory lapse provision. After the interests lapsed for nonuse, they reverted to the company's separate estate rather than passing to co-owners. The reversion confirmed that the lapsed rights had remained the company's individual property throughout.
Under Uniform Partnership Act section 204(d), property acquired in a partner's individual name without any indication of partnership capacity in the deed and without partnership funds is presumed separate estate even if used for partnership purposes. The source of funds and the form of title control the classification.
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Under Uniform Marriage and Divorce Act section 307, the court assigns each spouse's separate property to that spouse before dividing community property in just proportions. The separate estate is not subject to equitable distribution with marital assets.
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Yes. A nonpossessory future interest such as a remainder qualifies as a separate estate that supports standing when the interference diminishes the value or enjoyment of that interest. The life tenant's present possession does not extinguish the remainder owner's independent claim.
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Yes. A recorded conservation easement is a nonpossessory property interest that constitutes a separate estate. When activities impair the ecological or recreational uses protected by the easement, the easement holder may sue in its own name.
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…property; conversely they may agree that each partner's earnings and the property acquired from those earnings remains the separate property of the earning partner.[^maj-10] So long as the agreement does not rest upon illicit meretricious consideration, the parties may order their economic affairs as they choose, and no policy…