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If two individuals living in NY marry and then move to California which is a community property state can creditors go after the spouses for the amounts owed once in California?
Wiki User
∙ 19y ago
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.
Wiki User
∙ 19y ago
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Does California still recognize community property?
Yes. California is a community property state. 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.
Is California a community property state?
Yes. In the United States there are ten community property states: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.
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 California community property state?
Yes.
Is Alabama a community property state?
No. In the United States there are ten community property states: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.Oklahoma is not a community property state.
Can creditors go after an ex-spouse if his or her name is not on a credit or mortgage account?
In non-community property states, creditors can only go after the person(s) who signed on the account to be responsible. So, normally creditors may NOT go after ex-spouses (or even current spouses) for debts which belong exclusively to the other spouse. However, this may not be true in community property states (I don't know a whole lot about community property state law). Fortunately, there aren't very many community property states. The community property states/territories are: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, and Wisconsin. However, even in non-community property states, there may be ways around the general rule that creditors cannot pursue spouses. For example, many states have fraudulent conveyance statutes, that say that if a person who owes money conveys property to another person for the purpose of protecting that property from creditors, the creditor may still be able to go after the property, and potentially even the person who received the property, for collection purposes. So, while creditors in non-community property states cannot pursue an ex-spouse, they may have some recourse if the person who is liable on the account transferred real estate or other property to the ex-spouse for the purpose of shielding that property from creditors. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
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.
If one partner in a marriage buys property without the other is it community property?
It is community property if you live in a community property state. COMMUNITY PROPERTY STATES • Arizona • California • Idaho • Louisiana • Nevada • New Mexico • Texas • Washington • Wisconsin
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 a spouse quitclaims a property in California do they have any community property rights to it at all?
no there are no rights
What states are community property?
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.
Is MA a community property state?
No. In the United States there are ten community property states:AlaskaArizonaCaliforniaIdahoLouisianaNevadaNew MexicoTexasWashingtonWisconsin
