You do not necessarily have to be married to own jointly owned property and even when an individual is married for 60 years he could still keep property separate from his spouse. Property is considered jointly owned if you purchased it together (each contributing), your name is on the property, or in some situations when you are married and you have substantially contributed to the property. If your spouse has kept the property separate by keeping it in his name, only putting his money into it then it will be considered separate.
Generally, any property acquired after a couple gets married is classified as community property. That classification is not dependent on any time period. Property acquired prior to the marriage is not considered community property as long as it is kept separate from the community property.
That will depend on the laws in that jurisdiction. Some have rights in property regardless of whether it is community property or not.
I am not really sure what your question is but generally speaking, community property is not in every state so begin by checking to see if you live in a community property state. Community property is the presumption that all things that were not separate property before the marriage or maintained that characteristic will be shared by the couple 50/50. The economic community begins when you get married and end on death or divorce. There are ways to keep your property separate but monies earned and property acquired during the course of the marriage will be presumed to be community property unless otherwise distinguished.
Inherited property is not generally considered community property. However, if the property is located in another state, the property laws in that state govern. For example, California is a community property state. If the married couple from California inherited land in massachusetts, that land would not be held as community property since Massachusetts is a separate property state. If the California wife purchased property in her own right in massachusetts it would not become community property of the marriage. Massachusetts law would govern the ownership of the property.
Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. The main areas of separate property are those items acquired before marriage, items received as a gift through a will or by inheritance, and those properties purchased with separate property funds.
No. The only exception would be a married couple residing in a community property state.
No, a palimony suit can be filed.AnswerYes. You must be married to benefit from the legal provisions of a community property state which apply to couples who are legally married. In the case of a couple who was not married, the party who wants to take a share of the property must bring a suit in court. Palimony suits are expensive and difficult to win and the outcome does not necessarily follow a community property scheme. Palimony suits are more useful as a negotiating tool to gain some property from the relationship.
The state of Washington is a community property state in which property owned by a married couple has joint ownership. Therefore, a remaining spouse will inherit all property.
Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. There are some defined areas that do not fall under community property: separate property acquired before marriage or during marriage using separate property funds, items acquired as a gift, in a will, or as inheritance, and the rents and profits received from separate property.
Property acquired prior to marriage is separate property and remains separate unless the spouse is granted on title and contributes to the mortgage payments from community funds, then they acquire an interest in that separate property in proportion to their contributions. Paying insurance taxes, utilities is not considered a basis to make the property community.
Only if the married couple resided in a community property state.
Only if the married couple lived in a community property state.
Only if the married couple reside in a community property state and the property was bought during the marriage.