Separate property
Property owned individually rather than jointly. In community property states, it usually means property owned before marriage or received as a gift or inheritance during marriage.
Every term like this one lights up in the step you're on.
Free to set up. No credit card.Part 1 of 4
Why a seller cares
In a community property state, a home owned before the marriage or inherited during it is usually one spouse's separate property. That decides whose signature the sale needs and whose money the proceeds are.
Part 2 of 4
A simple example
You inherited the house from your father during your marriage and kept it in your name. In most community property states it is separate, and your spouse's signature may still be asked for.
| How the home was acquired | What it usually is |
|---|---|
| Inherited, kept in your name | Separate property |
| Bought before the marriage | Separate, unless marital money went into it |
| Bought during the marriage | Community property, whatever the deed says |
Separate property is about how the home came to you. The title company may ask for a spouse's signature anyway.
Part 3 of 4
What people get wrong
That separate means the spouse never signs. Many closers ask for it regardless, to remove any later question.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
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