Also known as: separate property · separate property doctrine
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A presumption that property acquired in the name of one or more partners without any indication in the transfer instrument of partnership capacity or existence and without partnership assets is separate property. The presumption holds even when the property is used for partnership purposes.
A presumption that property acquired in the name of one or more partners without any indication in the transfer instrument of partnership capacity or existence and without partnership assets is separate property. The presumption holds even when the property is used for partnership purposes.
Select any source to read its text and confirm it supports the definition.
Property belonging exclusively to one spouse that a court in dissolution proceedings must assign to that spouse rather than divide with the other spouse.
Select any source to read its text and confirm it supports the definition.
Property belonging exclusively to one spouse that a court in dissolution proceedings must assign to that spouse rather than divide with the other spouse.
Each sense below has its own examples, sources, and questions.
Spencer Silver bought a warehouse lot using his personal funds and took title solely in his own name with no mention of any partnership. He later allowed the partnership to store inventory there for several months. When the partnership dissolved, the other partners claimed an ownership interest in the lot. The court treated the lot as Spencer's separate property because the deed showed no partnership indication and no partnership funds were used.
The presumption arises when title is taken in a partner's individual name without any partnership reference in the deed and without partnership funds. Even repeated partnership use does not overcome the presumption.
Supporting sources
No. The rule states that property remains presumed separate even if later used for partnership purposes when the original acquisition met the statutory conditions.
Supporting sources
Santiago Sanchez inherited a portfolio of securities before marriage and kept the account titled solely in his name. During divorce proceedings Sofia Stern sought an equal division of the portfolio. The court assigned the entire portfolio to Santiago as his separate property and divided only the couple's community assets.
The court must assign each spouse's separate property to that spouse and may divide only community or marital property in just proportions.
Supporting sources
Yes. Spouses may agree in a signed writing to treat property as separate or joint regardless of source, and such agreements are enforceable without consideration under the governing uniform act.
Supporting sources