In California, assets acquired before marriage are considered separate property. This includes real estate, vehicles, bank accounts, investments, and other possessions. Separate property remains under the sole ownership and control of the individual who acquired it, even after marriage. For example, a house purchased by one spouse before the wedding date remains their separate property. Income generated from separate property, such as rent from a pre-maritally owned rental property, is also generally considered separate property.
Understanding the distinction between separate and community property is crucial for financial planning and asset protection. This distinction clarifies ownership rights and responsibilities during the marriage and in the event of divorce or death. Historically, California adopted a community property system based on Spanish law, recognizing the equal contributions of both spouses during the marriage. However, the law also safeguards pre-marital acquisitions as separate property. This framework provides financial stability and clarity for individuals entering marriage.