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If you owned your property prior to marriage will your ex be entitled to any part of it after a 6 month marriage?
No, community property refers only to that property that is gained during the marriage. However, if you use community property or income earned during the marriage to continue mortgage payments, to improve, etc, then a portion of it does become community property.
Is it community property if the inherited property was not in a community property state?
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.
Is a property owned prior to marriage likely to become part of the husbands assets?
Depending on the state laws all property owned by a husband at any point during their marriage, regardless of when it was purchased, could become part of the marital assets.
What happens to wealth acquired before marriage in the case of divorce?
Marriage and divorce are governed by the laws in each jurisdiction and those laws vary. Property acquired prior to marriage does not normally become community property in a community property state. The laws in separate property states allow married people to hold property separately. However, there are extraordinary circumstances that may affect marital distribution in the case of a divorce in both systems. You should seek the advice of an attorney in your jurisdiction prior to marriage.
In Virginia can a spouse whos name is on the deed and mortgage sell their house without the other spouse consent whos name is not on either one?
California is a community property state. Your husband may need your signature to sell his property if it was not titled as "separate property". Property acquired after marriage may become community property depending on the source. If the property was inherited then you may have no claim. However, if the property was purchased then the following passage may apply: "In California, any assets that are acquired during marriage become community property, (i.e., belonging to both spouses), unless they are specifically acquired as separate property. Real property that is conveyed to a married man or woman is considered community property, unless it is stated otherwise. In order for a married individual to acquire title in his or her name only, the spouse must relinquish all right, title and interest to the property. Usually, this is done by executing a Quitclaim Deed to the property, which is recorded concurrently with the deed to the property." You should seek the advice of an attorney.
Could property in the form of a cash gift from parents acquired before marriage become community property if it is invested by one spouse during the marriage in the sole name of that spouse?
No as long as that cash is in a separate account and has not been combined with marital assets.
I am a married woman purchasing a house in California as sole owner. If I die What happens to the house. can I will it to whoever I chose since I am the sole owner?
You need to consult with an attorney. You may need to make some legal arrangement, such as a trust, to hold title to the property. California is a community property state. Any property acquired during the marriage will become community property.
In what circumstances can separate property become community property?
Separate property can however, become community property through a process called \"commingling \". This happens when separate property is mixed or \"commingled\" with community property. If, for example, a spouse deposits his inheritance into a joint bank account where both spouses make withdrawals and deposits, the inheritance could at some point be considered \"commingled\" and part of the marital assets.
Does inherited property become community property once the names of both spouses are on a bill?
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.
When a couple are not married and one owns a home does this home become 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.
If a couple has a prenuptial agreement that everything they had prior to the marriage remains theirs if something happens to the husband who owns the house will the wife be able to live there?
If he dies, the house should become soley her property unless othewise stated in the prenuptual agreement. If they have an agreement that she doesn't get the house and they break up, it would be up to him whether she stayed or not. It would not be her property if he owned it before the marriage. If it was purchased after marriage with money earned after the marriage then it would be upto them or the court to decide.
What happens to property owned before marriage in New Jersey?
In New Jersey, property owned before marriage is typically considered separate property and is not automatically divided in the event of a divorce. However, it can become subject to division if it is commingled with marital assets or used for the benefit of the marriage.
