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If legally separated and I inherited or acquired real estate located in another state prior to marriage does my spouse have any right to that property if they live in a community property state?
Wiki User
∙ 12y ago
Hmm and you owned this during the marriage i am assuming.. .. that might have a state regulation or so on but if you owned it during your marrage.. it will definitely be a "part" of the final divorce, so technically.. Yes
Added: Both the question and the above answer are incomplete and confusing.
The laws of the state in which your seperated spouse currently lives now should have no bearing on the matter. It is the state in which the divorce action was filed whose laws you must abide by.
IF you acquired the property and it was titled solely in your name, PRIOR to your marriage, the fact that you may be being divorced in a community property state should PROBABLY have no bearing on this "other property. It is what the two of purchased or gained AFTER you were married that becomes community property (i.e.: the property of the both of you).
The findings of a divorce action in a community property state as it pertains to ownership of real property outside the jurisdiction of their courts, is probably not enforceable under the laws of another state.
For specific information regarding your particular case you REALLY should consult with legal counsel.
Wiki User
∙ 12y ago
Wiki User
∙ 6y agoGenerally, no.
Any assets acquired before the marriage in a community property state are considered separate property, and are owned onlyby that original owner. If you live in a community property state and own property in a separate property state that property will be subject to the state laws where the property is located.
Any assets acquired before the marriage in a separate property state are considered separate property, and are owned onlyby that original owner. That rule can be modified by a judge in case of divorce.
The lines may be blurred if marital funds were used to improve the property during the marriage. For example, suppose someone inherited a parent’s home prior to marriage. Rehabilitating an older home for conversion to rental property and paying the costs with your spouse’s paycheck may give your spouse an interest in the property in the case of divorce.
To determine the rules that govern your particular situation you should seek advice from an attorney.
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In a community property state is property inherited after marriage considered community 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.
What kind of estate is community property considered?
An estate is all the property a person owns both real and personal. Community property is property acquired by married people in certain states (called community property states). It can be acquired in one parties name or both but if acquired during the marriage it becomes community property that will be divided evenly in the case of a divorce.An estate is all the property a person owns both real and personal. Community property is property acquired by married people in certain states (called community property states). It can be acquired in one parties name or both but if acquired during the marriage it becomes community property that will be divided evenly in the case of a divorce.An estate is all the property a person owns both real and personal. Community property is property acquired by married people in certain states (called community property states). It can be acquired in one parties name or both but if acquired during the marriage it becomes community property that will be divided evenly in the case of a divorce.An estate is all the property a person owns both real and personal. Community property is property acquired by married people in certain states (called community property states). It can be acquired in one parties name or both but if acquired during the marriage it becomes community property that will be divided evenly in the case of a divorce.
What is considered community 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.
What determines common law marriage and community property rights in the state of California?
California does not recognize common law marriage. Community property rights can only be acquired through a legal marriage. Community property rights are governed by state law.
If property acquired after marriage in a community property state considered to be community property if a loan is taken against the property.?
Yes.Yes.Yes.Yes.
Is a husband entitled to his wife's property that she acquired prior to their marriage in Texas?
Generally, no. Texas is a community property state. Generally, any property acquired prior to marriage, and maintained as separate property during the marriage, is not considered community property. For more detailed advice you should consult with an attorney who specializes in divorce law.
When does a land becomes a marital property?
When it is acquired during marriage, especially in a community property state. Separate property states allow certain property to remain separate and not subject to division in a divorce.When it is acquired during marriage, especially in a community property state. Separate property states allow certain property to remain separate and not subject to division in a divorce.When it is acquired during marriage, especially in a community property state. Separate property states allow certain property to remain separate and not subject to division in a divorce.When it is acquired during marriage, especially in a community property state. Separate property states allow certain property to remain separate and not subject to division in a divorce.
Is money earned from a portfolio of stocks owned before a marriage considered community property?
In community property states there are exceptions to the general rule that items are classified as community property. The following are the most common types of assets that are exceptions to the community property rule: * Assets acquired before marriage * Assets acquired as a personal gift * Assets acquired through inheritance So the stock portfolio and the income derived from it is separate property until you actively do something to make it community.
Is Georgia a community property state?
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.
Is community property acquired after you file for divorce still community property?
No, after divorce what property you obtain is yours. If you come into a marriage with property that is yours as well when you divorce.
In North Carolina a person is legally separated with the intent to divorce how can you protect your assets during the mandatory 1 year separation period?
Any assets acquired during the marriage are community property. Any assets acquired after the parties separate are the individual’s property. Do not commingle your individual property with any accounts that were jointly held accounts. Be able to trace the origin of the newly acquired property and show a paper trail. Any property acquired during the marriage that was personally given to you, i.e.: money from a parents will, is yours. Remember, you must be able to show any commingled property to show it was yours and not community, otherwise, get ready....
What happens to community property if you find out your spouse is married to someone else?
It depends on whether yours was the first or second marriage. The first marriage is the valid one. If the person then married again without obtaining a divorce, the second marriage is invalid. The property acquired by the parties during the first marriage would be community property. If yours is the second marriage you should report the matter to the police and consult with an attorney.It depends on whether yours was the first or second marriage. The first marriage is the valid one. If the person then married again without obtaining a divorce, the second marriage is invalid. The property acquired by the parties during the first marriage would be community property. If yours is the second marriage you should report the matter to the police and consult with an attorney.It depends on whether yours was the first or second marriage. The first marriage is the valid one. If the person then married again without obtaining a divorce, the second marriage is invalid. The property acquired by the parties during the first marriage would be community property. If yours is the second marriage you should report the matter to the police and consult with an attorney.It depends on whether yours was the first or second marriage. The first marriage is the valid one. If the person then married again without obtaining a divorce, the second marriage is invalid. The property acquired by the parties during the first marriage would be community property. If yours is the second marriage you should report the matter to the police and consult with an attorney.
