Is Inheritance Community Property? A Comprehensive Guide to Protecting Your Legacy
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Is Inheritance Community Property? A Comprehensive Guide to Protecting Your Legacy
Oh, the whispers and worries that swirl around the topic of inheritance. It’s a subject steeped in emotion, often tied to family history, hard work, and the hopes of those who came before us. When that precious legacy arrives, whether it’s a sudden windfall, a cherished family home, or a portfolio of investments, a critical question often surfaces, especially for those of us navigating the intricate dance of marriage: "Is this inheritance mine alone, or does it now belong to us?" It’s a question that can feel loaded, even a little uncomfortable to ask aloud, but believe me, it’s one of the most vital inquiries you can make for your financial future and peace of mind.
This isn't just some abstract legal query; it’s a deeply personal one, touching on everything from your individual financial independence to the security of your family's future, and yes, even the potential complexities of a future divorce. The distinction between what's considered "community property" and "separate property" isn't merely academic; it’s the bedrock upon which your financial planning, estate considerations, and even the emotional landscape of your marriage might rest. Understanding this crucial difference can mean the difference between safeguarding a generational asset and inadvertently sharing it in ways you never intended. It's about protecting what was meant for you, and sometimes, what was meant for your children, long after you're gone.
Understanding the Foundation: Community Property vs. Separate Property
Before we dive headfirst into the specific nuances of inheritance, we absolutely must lay down the foundational bricks. Imagine trying to build a magnificent house without understanding the difference between the load-bearing walls and the decorative partitions. You’d be asking for trouble, right? The same principle applies here. In the realm of marital finances, the entire structure rests on two fundamental classifications of property: community property and separate property. Get these wrong, or misunderstand their implications, and you could inadvertently compromise your entire financial edifice.
This distinction isn't just some dusty legal jargon pulled from ancient texts; it's a living, breathing framework that dictates how assets are divided in the event of a divorce, how they're handled in estate planning, and even how they might be treated by creditors. It’s the lens through which courts view everything acquired during a marriage, and it’s why understanding where inherited assets fit into this puzzle is so incredibly paramount. Without this clarity, you're essentially navigating a dense fog, hoping you don't crash into an unforeseen obstacle. It’s a distinction that can feel counterintuitive at times, especially when you consider the shared nature of most marital finances, but it’s a distinction that carries monumental weight.
What is Community Property?
Let's start with the concept that generally feels most intuitive for married couples: community property. In its simplest form, community property encompasses virtually all assets that either spouse acquires during the marriage. Think of it as a shared financial pool, into which both partners contribute their efforts, their earnings, and their acquisitions. It doesn't matter whose paycheck deposited the funds, whose name is on the deed, or who technically "bought" the item; if it was acquired through the efforts of either spouse while married, it's generally considered community property.
This includes, but is certainly not limited to, wages earned, salaries received, businesses started and built during the marriage, retirement accounts funded by marital earnings, real estate purchased, and even debts incurred. The underlying philosophy here is that marriage is a partnership, a joint venture where both individuals contribute to the common good, and therefore, the fruits of that partnership should belong equally to both. It’s a beautiful idea in theory, fostering a sense of shared destiny and mutual support. But it also means that if you're pulling in a six-figure salary while your spouse is managing the household or pursuing a less lucrative passion, your earnings are still equally theirs.
Pro-Tip: The "Equal" Misconception
While community property implies "equal" ownership, it's not always a 50/50 split on a day-to-day basis. You don't need your spouse's permission to buy groceries with your paycheck. But in the eyes of the law, especially during a divorce or estate division, the value of that community property is presumed to be equally shared. This means half of that hard-earned salary, half of that retirement account, half of that house, belongs to your spouse, regardless of who earned what. It’s a stark reality many people only fully grasp when facing marital dissolution.
The concept of community property states (there are nine of them in the U.S.: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin, plus Alaska allows couples to opt-in) is a stark contrast to common law property states, where property is typically owned by the spouse who holds the title or made the purchase. This difference is absolutely critical because it fundamentally alters the landscape of asset division. In community property states, everything earned or acquired during the marriage, by either spouse, is presumed to be owned jointly, 50/50. It's a powerful presumption, and overturning it often requires clear and convincing evidence. This shared ownership extends even to the appreciation of community assets, like a house purchased during the marriage that doubles in value. That increased value is also community property.
What is Separate Property?
Now, let's pivot to separate property, which is where our discussion on inheritance truly finds its home. Separate property stands in direct opposition to community property; it comprises assets that belong solely and exclusively to one spouse, entirely outside the shared marital estate. These are the assets that, despite your marital status, remain distinctly "yours" and not "ours." The legal system recognizes that even within a marriage, individuals can and do maintain individual financial identities and possessions.
There are generally three major categories that define separate property: first, anything you owned before you walked down the aisle. That house you bought, that savings account you diligently built, that cherished antique watch passed down through your family – if it was yours before the "I do's," it's separate property. Second, and this is the big one for our discussion, assets acquired during the marriage by specific means: primarily through gift, bequest, devise, or descent. This mouthful of legal terms essentially boils down to gifts from third parties (not your spouse), and, critically, inheritances.
Numbered List: Key Ways to Acquire Separate Property During Marriage
- Gift: A bona fide gift from a third party (e.g., your parents give you a car for your birthday, or a substantial sum of money specifically to you). The key here is the intent of the giver – they must intend to give it solely to you, not to you and your spouse as a couple.
- Bequest: Property received through a will (personal property, like money, jewelry, or stocks).
- Devise: Real estate received through a will.
- Descent: Property received when someone dies without a will (intestate), according to state law. This is often grouped under the general umbrella of "inheritance."
The Direct Answer: Is Inheritance Community Property?
Alright, let's cut to the chase, shall we? You've been patiently waiting for the definitive answer to the burning question: Is inheritance community property? And here it is, plain and simple, generally speaking: No, inheritance is typically not community property. This is the immediate, general rule you should engrave into your understanding. When you receive an inheritance, the law in community property states, just like in common law states, typically recognizes it as your sole and separate property.
This means that the money, the house, the shares, the family heirloom – whatever form your inheritance takes – is initially considered to belong exclusively to you, the recipient spouse. It is not automatically folded into the shared marital pot, nor is your spouse immediately entitled to a 50% share of it. This is a critical piece of information that brings immense relief to many, and it often surprises those who assume everything acquired during marriage becomes "ours." But while the general rule is straightforward, the path to keeping it separate can be anything but. This is where the plot thickens, and where careful planning and meticulous attention to detail become not just advisable, but absolutely essential.
The General Rule: Inheritance as Separate Property
Let's really hammer this home because it's the cornerstone of our discussion. The general rule, the golden standard, is that assets received through inheritance are classified as the sole and separate property of the recipient spouse at the moment they are received. This isn't a temporary classification; it’s the default legal status. The law recognizes that an inheritance is a unique acquisition, stemming from a source entirely external to the marital community's efforts. It’s not something earned through your joint labor, nor is it typically intended by the giver to benefit your spouse directly (unless specified in the will, which is rare for an inheritance to a specific individual).
Imagine your beloved Aunt Mildred, who adored you, leaves you her antique coin collection. This collection, upon receipt, is legally and unequivocally yours. It’s not "yours and your spouse's." The intent of Aunt Mildred was to enrich your life, to pass on a legacy to you. The law respects this intent. This principle applies whether it's a modest sum of cash, a significant real estate holding, or a portfolio of stocks that has been in the family for generations. The moment it vests in you, it begins its life as separate property. This initial classification provides a powerful shield, but remember, shields can be dropped or compromised if not handled with care.
This initial classification also extends beyond just the initial asset itself. In many jurisdictions, the income generated by separate property, if kept separate, can also retain its separate property status. For instance, if that inherited stock portfolio generates dividends, those dividends, if carefully managed and not commingled, can also remain your separate property. This is a crucial detail that often gets overlooked. People assume any income earned during marriage is community property, and while that's generally true for earned income, income from separate property can be different. However, this is where the waters get murky, and the need for meticulous record-keeping truly begins. It's not enough to just receive it as separate property; you have to maintain it as separate property.
Insider Note: The "Moment of Vesting"
The "moment of vesting" is crucial. It’s when your right to the inheritance becomes legally established. This usually happens upon the death of the testator (the person who made the will) or the intestate (the person who died without a will), even if the actual distribution of assets takes time. It’s not when you physically receive the check; it’s when your legal claim to it solidifies. This can be important for tracing purposes later on, especially if there's a significant time gap between the death and the distribution.
The "But": When Separate Property Can Become Community Property
Ah, the dreaded "but." Isn't life full of them? Just when you feel a sense of security about your inheritance being yours, the legal landscape reminds us that things are rarely so simple. While the general rule firmly establishes inheritance as separate property, there are several insidious ways – often unintentional – that these assets can lose their protective separate property status and morph into community property. This is where most people stumble, and where the most heartbreaking stories of lost legacies originate. It’s like having a beautiful, clear glass of water, only to accidentally pour a little bit of muddy water in, and suddenly, the whole glass is tainted.
This isn't about malicious intent; it's often about ignorance, convenience, or simply not understanding the profound legal implications of seemingly innocuous financial actions. The very act of living a shared life, managing finances together, and making joint decisions can, paradoxically, erode the separate nature of your inherited assets. It's a delicate balance, a constant vigilance required to maintain the integrity of your separate property. Without this understanding, you might wake up one day to find that what you thought was exclusively yours has become subject to division, potentially jeopardizing your financial independence or the legacy you intended to pass down.
Commingling: The Silent Destroyer of Separate Property
If there's one word that strikes fear into the heart of an estate planner trying to protect an inheritance, it's "commingling." This is arguably the most common and devastating way separate property loses its distinct classification. Commingling occurs when separate property assets are mixed or combined with community property assets in such a way that it becomes impossible, or at least exceedingly difficult, to trace the separate property back to its original source. It's like pouring red wine into white wine; once mixed, you can't easily separate them again.
Imagine you inherit $50,000. That's clearly separate property. But then, you deposit it into your joint checking account, where your monthly paychecks (community property) are also deposited, and from which you pay joint bills (community property expenses) and make joint purchases. Over time, money flows in and out, making it incredibly hard to distinguish which dollar came from the inheritance and which came from your salary. The funds become inextricably blended, losing their separate identity. This isn't just about cash; it can happen with investments, real estate, and even physical assets if they are used, improved, or maintained with community funds.
Hypothetical Anecdote:
"I remember a case where a client inherited a significant sum of money, about $200,000, from his grandmother. He was so excited, and his wife suggested they use it to pay off their joint mortgage and then renovate their kitchen. It felt like a smart, collaborative move at the time. Fast forward ten years and a divorce, and suddenly that $200,000, which was initially separate property, was almost entirely deemed community property. Why? Because it was used to pay down a community debt (the mortgage) and to improve a community asset (their jointly owned home). The funds were so thoroughly commingled and transmuted that tracing became impossible, and the court viewed it as a contribution to the marital estate, benefiting the community."
The legal challenge with commingling is the burden of proof. If your separate property becomes commingled, and you later need to assert its separate nature (e.g., during a divorce), you bear the burden of "tracing" those funds. Tracing means providing clear, convincing evidence – bank statements, transaction logs, meticulous records – that demonstrates exactly which portion of the current asset originated from your separate property. If you can't trace it, if the funds are so mixed that their origin is indistinguishable, a court will likely presume that the entire commingled account or asset is community property. This can be a brutal lesson learned too late.
Transmutation: The Intentional (or Accidental) Change
Transmutation is another concept that can turn separate property into community property, but it often involves a more deliberate (though sometimes uninformed) act or agreement. While commingling is often about the physical mixing of funds, transmutation refers to a change in the character of the property. It's when separate property legally transforms into community property, or vice versa. This can happen explicitly, through a written agreement, or implicitly, through actions and conduct that demonstrate an intent to change the property's character.
One common scenario involves a spouse intentionally changing the title of a separate property asset to include the other spouse. For example, if you inherit a house (separate property) and then decide to refinance it, adding your spouse's name to the new deed, you've likely transmuted that house into community property. Your actions demonstrate an intent to share ownership, effectively gifting a half-interest to your spouse. Even if you didn't explicitly say "I want this to be community property," your actions speak louder than words in the eyes of the law.
Bullet List: Examples of Transmutation
- Adding a Spouse to a Deed: Putting your spouse's name on the title of an inherited home or other real estate.
- Joint Bank Accounts: Depositing inherited funds into a joint account with the clear intent that they become shared, or using them for joint benefit without meticulous tracing.
- Verbal Agreements/Actions: While less common and harder to prove, consistent actions or even clear verbal agreements (though often difficult to enforce without written proof) can sometimes be argued as intent to transmute.
- Using Separate Property to Improve Community Property: As in the anecdote above, using inherited funds to pay down a joint mortgage or significantly improve a jointly owned home can transmute those funds into community property, as they directly benefit the community estate.
The Community Labor Rule: When Separate Property's Value Rises
Here's another subtle but potent way separate property can become entangled with the community, particularly when it comes to appreciation in value. This rule applies when separate property increases in value due to the efforts, skill, or labor of either spouse during the marriage. This isn't about passive appreciation (like a stock market surge); it's about active, sweat-equity contributions.
Let’s say you inherited a small business from your parents (separate property). You then dedicate years of your life, working tirelessly, innovating, and growing that business exponentially during your marriage. While the initial business itself remains your separate property, the increase in value that resulted from your active labor, skill, and efforts during the marriage can be considered community property. Your spouse, even if not directly involved in the business, contributed to the community that allowed you to dedicate your time and effort to that business.
Pro-Tip: Passive vs. Active Appreciation
Distinguishing between passive and active appreciation is paramount. If your inherited stock portfolio simply grows due to market forces (passive appreciation), that growth generally remains separate property. But if you actively manage that portfolio, making complex trades and dedicating significant time and expertise to grow it, some of that growth might be argued as community property due to your active labor. This is a highly litigated area and often requires expert valuations and forensic accounting.
This concept can also apply to real estate. If you inherit a dilapidated house (separate property) and then, during your marriage, you and/or your spouse spend countless weekends and evenings renovating it, doing much of the work yourselves, the increase in value attributable to that community labor could be deemed community property. The house itself remains separate property, but the "equity" created by the community’s efforts would be subject to division. This is a complex area, often requiring sophisticated calculations to determine the exact proportion of value attributable to community effort versus passive market appreciation.
Protecting Your Inheritance: Strategies and Best Practices
Given the myriad ways an inheritance can inadvertently slip from its separate property status into the community pot, active and intentional protection strategies are not just recommended, they are absolutely non-negotiable. Think of it as intellectual property rights for your legacy. You wouldn't leave a valuable patent unprotected, would you? Your inheritance deserves the same level of diligence and foresight. This isn't about distrust; it's about clarity, foresight, and ensuring that the intent of the original giver is honored, and your financial future is secure.
The good news is that with proper planning and consistent effort, you can significantly bolster the separate property status of your inheritance. It requires a proactive approach, an understanding of the potential pitfalls, and sometimes, a frank conversation with your spouse. Remember, the goal isn't to hide assets; it's to clearly delineate and preserve them according to their legal classification. This ensures that in any future scenario, be it estate planning, a financial emergency, or divorce, your inheritance remains distinct and protected.
1. Keep It Separate: The Golden Rule of Segregation
This is the most fundamental and perhaps the most powerful strategy: Never, ever commingle your inherited assets with community property. If you take nothing else from this article, let it be this. This means establishing dedicated, separate accounts for your inheritance from day one.
Numbered List: Practical Steps for Segregation
- Open a New, Separate Bank Account: As soon as you receive an inherited sum of money, deposit it into an entirely new bank account opened solely in your name. Do not use a joint account, and do not use an existing separate account where you've deposited marital earnings. This account should be exclusively for inherited funds.
- Dedicated Investment Accounts: If you inherit stocks, bonds, or other investments, transfer them into a separate investment account in your name only. Do not add them to existing joint investment portfolios.
- Separate Deeds for Real Estate: If you inherit real estate, ensure the deed remains solely in your name. If it's transferred to you, verify that your spouse's name is not inadvertently added.
- Avoid Using Inherited Funds for Joint Expenses: Do not use money from your separate inheritance account to pay joint bills (mortgage, utilities, groceries, etc.) or to make purchases for the marital home. Use community funds for community expenses.
- Document Everything: Keep meticulous records of the inheritance – the will, trust documents, probate records, bank statements showing the initial deposit, and all subsequent transactions within your separate account.
2. Document Everything: The Power of Paper Trails
I cannot stress this enough: documentation is your best friend. In any legal dispute over property classification, the party claiming separate property status bears the burden of proof. Without a robust paper trail, your claims become mere assertions, easily challenged and potentially dismissed. Think of it as building an unassailable fortress of evidence.
From the moment you are notified of an inheritance, start collecting and organizing all relevant documents. This includes the will or trust documents, probate court orders, letters from executors or attorneys confirming the inheritance, and detailed records of the assets received. For cash inheritances, keep the initial deposit slip, bank statements showing the funds entering your separate account, and all subsequent statements for that account. For inherited real estate, retain the deed, property tax records, and any documents related to its transfer.
Insider Note: Digital Records Are Your Friend
In today's world, scanning and digitally archiving all these documents (with backups!) is a smart move. Cloud storage, secure external hard drives – whatever works for you. Just make sure it's organized, easily accessible, and redundant. Losing a critical bank statement from five years ago could be devastating if you later need to trace funds.
This meticulous record-keeping is not just for the initial receipt of the inheritance but for its entire lifespan. If your separate property generates income (e.g., dividends from inherited stocks), ensure that income is deposited into your separate account and documented as such. If you use separate property funds to purchase a new asset, clearly document that purchase with receipts, invoices, and bank statements showing the withdrawal from your separate account. Every step of the way, you need to be able to demonstrate a clear chain of custody that maintains the separate identity of the asset.
3. Consider Formal Agreements: Prenuptial and Postnuptial Agreements
While perhaps not the most romantic topic, formal agreements like prenuptial and postnuptial agreements are incredibly powerful tools for defining and protecting separate property, including inheritances. These agreements allow spouses (or future spouses) to contractually agree on how their assets will be classified and divided, overriding the default community property laws.
A prenuptial agreement (often called a "prenup") is signed before marriage. It’s an opportunity to clearly state that any future inheritances received by either spouse will remain separate property, regardless of how they might be managed or used during the marriage. It’s a proactive measure, setting clear expectations from the outset and providing a strong legal framework for asset protection. While they might feel awkward to discuss, many couples find that prenups actually foster greater transparency and reduce future financial conflict.
A postnuptial agreement (a "postnup") is signed during the marriage. If you receive an inheritance after you're already married and haven't put a prenup in place, a postnup can serve a similar purpose. It can formally confirm that the inheritance is and will remain your separate property, and it can also address how any income or appreciation from that inheritance will be treated. This can be particularly useful if you've already inadvertently commingled some funds and want to legally re-establish their separate status (though this can be more complex than preventing commingling in the first place).
Pro-Tip: The "Awkward Conversation" is Worth It
I've seen countless divorces where the lack of clear agreements led to years of litigation and emotional distress over property division. While discussing a prenup or postnup can feel like you're planning for failure, it's actually planning for clarity and peace of mind. It’s an act of responsible financial stewardship, protecting not just your assets, but potentially your relationship from future financial disputes. It forces open communication about money, which is a good thing for any marriage.
Both prenuptial and postnuptial agreements must be drafted carefully by an experienced attorney to ensure they are legally enforceable in your state. They typically require full disclosure of assets by both parties and independent legal representation for each spouse to prevent claims of coercion or unfairness. While they might involve an initial investment of time and money, the long-term protection they offer for your legacy is often priceless.
4. Be Mindful of Improvements and Debt Payments
This is where many people trip up, even with the best intentions. Using separate property to improve community property, or to pay down community debt, can be a form of transmutation. While the original separate property might be gone, you might only be able to claim a right to reimbursement from the community estate, which is not the same as having the original asset protected.
If you use inherited funds to pay off a joint mortgage on a community property home, those funds are essentially "gone" into the community. While some states might allow for a claim of reimbursement (meaning the community has to pay you back that amount), this isn't always guaranteed, and the value of the reimbursement might not track with the original value or potential growth of the inherited asset. Similarly, if you use inherited funds to significantly renovate a community property home, adding a new wing or a lavish kitchen, that value is now integrated into a community asset.
Emotional Reaction:
It’s a tough pill to swallow, isn’t it? You get this incredible gift, this legacy, and you want to use it to better your shared life, to make your home more comfortable, to ease financial burdens. It feels loving, generous, and right. But from a legal standpoint, those very acts of generosity can be the undoing of your separate property protection. It's a cruel irony, but one we must acknowledge and plan around. It forces a difficult choice: immediate shared benefit versus long-term individual asset protection.
If you absolutely must use inherited funds for community benefit, ensure you have a clear, written agreement with your spouse about the intent and any potential reimbursement. Better yet, consider using community funds for community improvements and debts, preserving your separate inheritance for purchases that remain solely in your name, or for investments that are carefully segregated. This might mean having to save up community funds for that renovation, rather than dipping into your inheritance, but it’s a strategic choice that protects your legacy.
The Role of Trusts in Protecting Inheritance
Beyond the immediate strategies for managing individual assets, trusts offer a powerful and sophisticated layer of protection for inherited wealth. In fact, for many, a trust is the ultimate fortress for preserving separate property status, both for the person receiving the inheritance and for the person leaving it. If you're the one inheriting, understanding how trusts can work for you is vital. If you're the one leaving an inheritance, setting up a trust is often the most effective way to ensure your legacy is protected for your loved ones, regardless of their marital status.
Trusts provide a legal framework that holds assets for the benefit of designated beneficiaries, managed by a trustee. They can be incredibly flexible and customized to meet specific goals, including shielding assets from creditors, ensuring proper distribution to minors, and, crucially, preserving assets as separate property for beneficiaries who are married. They essentially create a separate legal entity that owns the assets, rather than the individual directly, which can bypass many of the commingling and transmutation issues we've discussed.
How a Trust Protects Separate Property Status
When an inheritance is left to you through a trust, rather than outright, the trust itself acts as a protective barrier. The assets are held by the trust, for your benefit, but technically, they are not your outright property in the same way a direct inheritance would be. This distinction is incredibly important for separate property purposes.
Here’s why a well-drafted trust is so effective:
No Direct Ownership: The trust owns the assets, not the beneficiary directly. This means the assets are not subject to the beneficiary's marital estate. Distributions made from* the trust to the beneficiary, if carefully managed, can retain their separate property status.
- Clear Intent: The trust document explicitly states the grantor's (the person who created the trust) intent that the assets are for the sole benefit of the named beneficiary and are to remain separate property, not subject to marital claims. This written intent carries significant legal weight.
- Trustee Management: A neutral third-party trustee (or a carefully chosen family member/friend) manages the trust assets according to the trust's terms. This removes the beneficiary from direct daily management, reducing the risk of accidental commingling or transmutation through their own actions. The trustee ensures distributions are made in a way that preserves separate property.
- Spendthrift Provisions: Many trusts include "spendthrift" provisions, which protect the assets from the beneficiary's creditors and, importantly, from marital claims in a divorce. These provisions prevent a beneficiary from assigning or transferring their interest in the trust, making it difficult for a spouse to claim an interest.
I remember when:
"I had a client whose parents, very wisely, left his inheritance in a carefully structured trust. He was in a rocky marriage at the time. When the divorce eventually came, his spouse tried to claim a portion of the trust assets, arguing they were effectively his, and thus, community property. But because the trust was so robustly drafted, clearly stating the assets were for his sole benefit and not part of his marital estate, and managed by an independent trustee, the court upheld the trust's separate property status. It saved him millions and, frankly, spared him immense emotional anguish."
For those receiving an inheritance, if it's already in a trust, understand its terms and work closely with the trustee to ensure distributions are handled in a way that doesn't inadvertently create community property. For those leaving an inheritance, especially if your beneficiaries are married or might marry in the future, a trust is arguably the most secure way to ensure your legacy remains within your bloodline or for its intended purpose, protected from marital claims.
Frequently Asked Questions (FAQs)
This topic, as you can see, is rife with complexities and common misconceptions. Let's tackle some of the most frequently asked questions I encounter, to further solidify your understanding and address those lingering doubts.
Q1: What if my spouse and I use inherited money to buy something together?
This is a classic commingling and transmutation scenario, and it's where many people lose the separate property status of their inheritance. If you use your inherited money to buy a house, a car, or any other significant asset jointly with your spouse, and that asset is titled in both of your names, it's highly likely that the inherited funds used for that purchase have transmuted into community property.
The courts will generally view this as an intentional act to convert the separate funds into a community asset, or at the very least, as a gift to the community. Even if you contributed 100% of the inherited money, the fact that the asset is now jointly owned means your spouse has a community property interest in it. You might have a claim for reimbursement in some states, but you won't get the original separate asset back. This is
