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In a divorce, marital property in a non community state is divided in what is called an equitable division. In practice this usually ends up being the same in that judges usually divide the marital property on a fifty fifty basis. In unusual situations there can be an unequal division based on a number of factors including fault in the breakup of the marriage. Usually the worst (or best) case scenario is 60/40. Anything more one sided than that would probably be reversed on appeal.
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What does non community property mean?
A non-community property state is a separate property state.A non-community property state is a separate property state.A non-community property state is a separate property state.A non-community property state is a separate property state.
Is property acquired after a marriage considered community property in a non community property state such as Illinois?
In a community property state property purchased after marriage becomes the property of both parties.Community property rules govern in community property states. Property ownership is different in separate property statesand those rules allow a spouse to acquire separately owned property in some cases.
In California if the spouse dies and have a credit card in his name and not mine am i responsible for his bills.?
It depends on if California is a community property state or non-community property state.
How is property divided in a community property state?
In a divorce, marital property in a non community state is divided in what is called an equitable division. In practice this usually ends up being the same in that judges usually divide the marital property on a fifty fifty basis. In unusual situations there can be an unequal division based on a number of factors including fault in the breakup of the marriage. Usually the worst (or best) case scenario is 60/40. Anything more one sided than that would probably be reversed on appeal.
Can purchasers of farm property which are all in a community property state buy the property thru an llc that is in a non community property state to protect themselves from spouses or future spouses?
That's complicated enough, and the consequences of getting it wrong are severe enough, that you really should consult an attorney.
Who is responsible for credit card debt of your deceased spouse if there isn't an estate or assets because everything was switched out of their name before they passed?
I would say it depends on if you live in a community property state or a non community property state and if your name is on the bill or contract.
What is separate property as it pertains to divorce?
There are many factors considered by a court when it must divide marital assets including the following:length of marriagecontributions of each partyeconomic circumstances of each partywhether there are children involvedopportunity of each spouse for future acquisition of property
What are the legal rights in a divorce case involving real property owned by only one spouse?
State laws vary on this issue. If you live in a community property state your spouse may have rights in property titled in your name alone. If you live in a non-community property state the court can redistribute property according to the needs and contributions of the parties involved. You should seek the advice of an attorney in your area.
Can a mortgage loan be required to be refinanced upon the death of the borrower in a community property state where there is a non-contributing spouse on the deed of trust?
Certainly.
If you die in Tennessee with credit card debt in your name will your spouse be obligated to repay the debt?
No, Tennessee is not a community property state. Married couples living in non community property states are not responsible for debts incurred solely by either spouse.
What states are not community property states?
Then it is a separate propety state. Under a community property system, all property acquired by either spouse during marriage, with a few exceptions (such as property acquired by gift, inheritance, or devise, or the rents and profits of separate property) is treated as "community property" meaning that each spouse owns an undivided 1/2 interest in it. At divorce, all community property is split 50/50 between the spouses. If the property can't be divided in half (basically any property besides money, including houses, cars, and other tangible property), it will be sold, and the spouses will split the proceeds. In a separate property state, all property acquired by the spouses during marriage belongs to them individually, by default. At divorce, property will be subject to equitable distribution (not the same as "equal" distribution), meaning that a court will divide property in a manner it thinks is fair, considering the financial situation of each spouse, the lifestyle to which they've become accustomed, etc. This may or may not result in a 50/50 split of the property.
What is the difference between a community property state and a non community property state?
A community proprty state is one where anything paid for from a joint accounts (such as property even though the original purchase maybe have been initiated whike single) becomes property of the spoue as well. Regarding property...the only way It will not become community property is if is always paid for from a separte accounts or if the other spouse signs stating the they want nothing to do with It.
