separate

I

separate, verb

To disunite, divide, disconnect, or sever.

See sever

II

separate, adj

Individual; distinct; particular; disconnected. Generally used in law as opposed to "joint," though the more usual antithesis of the latter term is "several." Either of these words implies division, distribution, disconnection, or aloofness.

As to separate acknowledgment and separate covenant, see those titles

@ separate action

As opposed to a joint action, an action brought for himself alone by each of several complainants who are all concerned in the same transaction, but cannot legally join in the suit.

See also joinder

- separate trial

@ separate and apart

Parties begin to live "separate and apart," for purpose of divorce statute, only where separation is coupled with independent intent by one of parties to dissolve marital union. Sinha v. Sinha, 515 Pa. 14, 526 A.2d 765, 767

@ separate but equal doctrine

The doctrine first enunciated in Plessy v. Ferguson, 163 U.S. 537, 16 S.Ct. 1138, 41 L.Ed. 256, to the effect that equality of treatment is accorded when the races are provided substantially equal facilities even though these facilities be separate. This rule was declared to be unconstitutional with respect to educational facilities in Brown v. Board of Education, etc., 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873, and as to other public facilities by other Supreme Court decisions and by various Civil Rights Acts

@ separate counts

Two or more criminal charges contained within one indictment, each count, in actuality, constituting axseparate indictment for which the accused may be tried

@ separate demise in ejectment

A demise in a declaration in ejectment used to be termed a "separate demise" when made by the lessor separately or individually, as distinguished from a demise made jointly by two or more persons, which was termed a "joint demise." No such demise, either separate or joint, is now necessary in this action

@ separate estate

The individual property of one of two persons who stand in a marital or business relation, as distinguished from that which they own jointly or are jointly interested in.

See also community property

- separate property

@ separate examination

The interrogation of a married woman, who appears before an officer for the purpose of acknowledging a deed or other instrument, conducted by such officer in private or out of the hearing of her husband in order to ascertain if she acts of her own will and without compulsion or constraint of the husband. Also the examination of a witness in private or apart from, and out of the hearing of, the other witnesses in the same cause

@ separate maintenance

Money paid by one married person to the other for support if they are no longer living as husband and wife. Commonly it is referred to as separate support and follows from a court order.

See also alimony

- support

@ separate offenses

A person may be tried, convicted and sentenced for offenses which, though sharing many elements, are distinct. A particular act may offend more than one law and hence a person may be subjected to more than one punishment for acts arising out of the same event

@ separate property

Property owned by married person in his or her own right during marriage. State statutes commonly protect such separate property rights of each spouse.

See e.g. Mass.Gen.L.A. c. 209, No. 1.

See also separate and marital property.

Under statute governing distribution of property in marital dissolution proceeding includes property owned before marriage and maintained in separate names during marriage, property acquired during marriage solely from exchange of premarriage property and separately retained, any increase in value of separate property, gift or inheritance received and separately held, and property described in statute. Weast v. Weast, Mo.App., 655 S.W.2d 752, 755.

See equitable distribution.

Community property.

In a community property jurisdiction, separate property is that property which belongs entirely to one of the spouses. Generally, it is property acquired before marriage or acquired after marriage by gift or inheritance. For purposes of community property settlement, "separate property" consists of all property brought to marriage by either spouse or acquired during marriage by gift, bequest, devise or descent, together with its rents, issues and profits. Portillo v. Shappie, 97 N.M. 59, 636 P.2d 878, 880.

See also community property

@ separate and marital property

A number of state divorce statutes use the concept of separate and marital property for purposes of dividing assets of the spouses on divorce. Such statutes generally define separate property as those assets owned by either spouse prior to the marriage and those acquired afterwards by gift, devise, or exchange for other separate property, and as marital property all assets acquired by either spouse during marriage except those which can be shown to be separate. On divorce, the court is required to set aside to each spouse his or her separate property, and make an equitable division of marital property

@

- separate return (See also tax return)

@ separate support

See separate maintenance

@ separate trial

The separate and individual trial of each of several persons jointly accused of a crime. Fed. R.Crim.P. 14. Court may also order separate trials in civil actions (e.g. Fed.R.Civil P. 42) in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy

Compare bifurcated trial

- severance of actions or claims

@