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Family law

Separate property

Also called nonmarital property

Property that belongs to one spouse alone, such as what they owned before the marriage or received during it by gift or inheritance.[1][2]

In more detail

Texas adds most personal injury recoveries, except for lost earning capacity during the marriage.[1] Florida calls these nonmarital assets and also includes property the spouses excluded by a valid written agreement and, usually, income from nonmarital assets.[2] Separate property can become mixed with marital property, which is often a key issue to sort out in mediation.

Varies by state

What counts as separate property, and how it is traced, differs by state. Find your state’s rules.

Related terms

  • Community propertyA system in which most property either spouse acquires during the marriage belongs to both.
  • Marital propertyThe assets and debts a court treats as belonging to the marriage and divides in a divorce.
  • Equitable distributionThe way many states divide marital assets and debts in a divorce: fairly, which isn't always equally.

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Sources

The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.

  1. Tex. Fam. Code ch. 3 (Marital property rights and liabilities)tcss.legis.texas.govchecked ↩
  2. Fla. Stat. § 61.075 (Equitable distribution of marital assets and liabilities)leg.state.fl.uschecked ↩

General information, not legal advice. MediationList is not a law firm. Spotted an error? Tell us.

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MediationList. (2026, October 28). Separate property: Definition. https://mediationlist.com/glossary/separate-property/

APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.