The following are examples of what is considered separate property:
◦Property owned prior to the marriage.
◦Property acquired during the marriage by gift, devise or descent.
◦Property acquired during marriage which was traceable as a mutation of previously owned separate property.
◦Property, or income from such property, resulting from the partition of existing community property. The partition should be in the form of a written agreement between the spouses.
◦Property transferred from one spouse to another in the form of a gift is separate property (note, the gift is presumed to include all income or property which may arise from that gift of property).
◦Personal injury recoveries (other than for loss of earnings).
See what community property consists of.
