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Separate property in a marriage includes assets acquired before the marriage, gifts or inheritances received by one spouse during the marriage, and property specifically designated as separate in a prenuptial agreement. In legal terms, separate property is defined as assets that are not considered marital property and are owned solely by one spouse.

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What is separate property in a marriage and how is it defined within the legal context of marital assets?

Separate property in a marriage refers to assets or property that are owned individually by one spouse and not considered part of the marital assets. This can include property owned before the marriage, gifts or inheritances received during the marriage, or property specifically designated as separate in a prenuptial agreement. In the legal context of marital assets, separate property is typically defined as not subject to division in the event of a divorce, unless it has been commingled with marital assets or used for the benefit of the marriage.


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