The effect of a separate ownership agreement is that separate assets placed in the trust retain their assets as separate property even if they take the name of the trust. This means that the spouses belonging separately to each spouse can be reunited for the pleasure of both spouses. After the death of one of the spouses, the property remains in the trust to support the surviving spouse. However, after the death of the surviving spouse, the separated property goes to the heirs declared by the spouse who owned the property. Even if the property is designated as your separate property, the community may have an interest in that property if the community has contributed to the improvement or preservation of that separate property. Do you own your property – or would you have accidentally signed a document with the inscription “Sole & Separate”? A marriage contract (also called a prenutial or marital contract) is a contract between two people who intend to marry and be effective in marriage. It can deal with how you divide your property and responsibilities: Separate property that has been mixed with matrimonial property in such a way that it is virtually impossible to identify it is considered matrimonial property (and subject to division) in a divorce. For example, if matrimonial property (joint income) is used to pay for a car originally purchased by a spouse before marriage, the car (or part of its value) is considered matrimonial property. .