Michigan is not a community property state, it is an equitable distribution state. Marital property and assets are divided in a manner that will allow both parties to have as equal a share as possible, but not necessarily a 50-50 division.
No.
That's complicated enough, and the consequences of getting it wrong are severe enough, that you really should consult an attorney.
There are nine community property states - Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. In addition, Puerto Rico is a community property jurisdiction. These states generally regard as community property all property that has been acquired during the marriage, other than a gift or inheritance. Even if one spouse earns all the money to acquire the property, all the property acquired is considered to be community property. While there are a number of differences in each state, all states have special laws that operate on the theory that both spouses contribute equally to the marriage; thus all property acquired during the marriage is the result of the combined efforts of both spouses. In community property jurisdictions, spouses equally own all community property (fifty percent owned by the husband and fifty percent owned by the wife).
Property owned prior to marriage is not considered community property unless it was converted to community property by some action by the parties.Property owned prior to marriage is not considered community property unless it was converted to community property by some action by the parties.Property owned prior to marriage is not considered community property unless it was converted to community property by some action by the parties.Property owned prior to marriage is not considered community property unless it was converted to community property by some action by the parties.
COMMUNITY PROPERTY STATES • Arizona • California • Idaho • Louisiana • Nevada • New Mexico • Texas • Washington • Wisconsin Alaska is an opt-in community property state; property is separate property unless both parties agree to make it community property through a community property agreement or a community property trust.
The default marital regime in Mexico is partial community of property. When no prenuptial agreement exists, partial community of property applies at the time of divorce or death of one of the spouses.
Inherited property, if kept separate, does not generally become community property. However, community property laws differ so you should consult with the attorney who is handling the estate for advice if the state where the estate is being probated is also your home state.
In Colorado, a surviving spouse is entitled to an "elective share" of the deceased spouse's estate, which is typically one-third of the estate. If the deceased spouse's will does not provide for the surviving spouse, they can choose to receive the elective share instead. Colorado also has laws that protect a surviving spouse's rights to the marital home and certain personal property.
Separate property can become community property through commingling, transmutation, or a legal agreement between spouses stating an intent to convert separate property to community property. Commingling occurs when separate property is mixed with community property, making it difficult to distinguish which portion is separate and which is community. Transmutation refers to the intentional change in character of property from separate to community through actions or behavior of the spouses.
No, it is a community property state. In a CP state all property acquired during the marriage is considered to be equally owned by both spouses, and in most cases all debts incurred during the marriage are considered to be the equal responsibility of both spouses.
No. Community property doesn't "end at death". Community property laws affect the distribution of a married decedent's estate after their death. In a community property state your surviving spouse is entitled to one-half of any property you acquired during your marriage. Each party owns a one-half interest in any property acquired during the marriage by either party no matter whose name is on the title. A married decedent can give away one half of their property to anyone they wish by their will but their spouse will receive the other half by law after their death according to the laws of community property.Once the estate has been probated the property inherited by the surviving spouse becomes their sole property.The following are community property states:Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, Wisconsin, and Alaska (although in Alaska, there must be a written agreement between the spouses). All of the remaining states follow common law.
Community property refers to a legal regime in which property acquired during a marriage is considered to be owned equally by both spouses. It is primarily recognized in nine U.S. states, including California, Texas, and Arizona, and typically applies to assets and debts accumulated during the marriage, excluding inherited or gifted property. In the event of divorce, community property is generally divided equally between the spouses.
Yes, If the debts were incurred outside a community property state during marriage, the collection can be enforced. All it takes is the signature of one of the spouses to 'bind the community'. Where the marriage occurred is not relevant, all states recognize legal marriages performed in other states. However, if the debt(s) belong to only one of the couple before the marriage then the community property laws would apply only to debts and/or property incurred in CA. There could be grounds for appeal regarding the enforcement of community property laws under these conditions.