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Commonly Asked Questions about Separate Property Deeds

In a joint family, family members share living spaces, resources, and responsibilities. A nuclear family focuses primarily on the core unit, and members often have separate living spaces. There is a sense of interconnectedness and interdependence among family members, and decisions are often made collectively.
Joint family property, comprising ancestral assets and contributions from family members, serves the collective needs of the family. In contrast, self-acquired property, attained through individual effort, grants exclusive ownership rights to the acquirer.
Separate Property Trusts can be used to: Protect children from a previous marriage and their right to inherit. Protect personal assets from financial risks brought on by the other spouse. Ensure that new children (if a spouse remarries) do not have access to certain assets titled in the separate property Trust.
When you married your spouse, you may have already owned property or had cash savings or investments. Your spouse also may have entered the marriage with property, cash and/or investments. This is called separate property. During the marriage, you and your spouse most likely obtained more property and cash.
In the case of a Hindu joint family, there is a community of interest and unity of possession among all the members of the joint family and every coparcener is entitled to joint possession and enjoyment of the coparcenary property.
Generally, separate property is: Anything you earned or owned (or a debt) from before you married or after you separated. Anything you buy with separate property or you earn from separate property. Gifts or inheritance (to one of you) even if it was given or inherited when you were married.