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Simple English definitions for legal terms

separate-property state

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A quick definition of separate-property state:

A separate-property state is a state that has not adopted a community-property regime. This means that in a common-law state, a spouse's interest in property held by the other spouse does not vest until a divorce action has been filed or the other spouse has died. This is different from a community-property state where both spouses have equal ownership of all property acquired during the marriage.

A more thorough explanation:

A separate-property state is a state that has not adopted a community-property regime. In other words, it is a state where property acquired by one spouse during the marriage is considered their separate property, and not automatically shared with the other spouse.

The main difference between a community-property state and a separate-property state is that in a separate-property state, a spouse's interest in property held by the other spouse does not vest until either a divorce action has been filed or the other spouse has died.

For example, let's say John and Jane are married and live in a separate-property state. John buys a car with his own money, and the car is only in his name. If they were to get a divorce, Jane would not automatically have a claim to the car, as it is considered John's separate property.

Another example is if John and Jane own a house together, but only John's name is on the mortgage. If John were to pass away, Jane would not automatically inherit the house, as it is considered his separate property.

separate offense | separate return

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