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In non -community property states how is property transferred after a marriage ends in divorce?
Wiki User
∙ 16y ago
This will depend on the laws in the jurisdiction in which the divorce is taking place. However, in many jurisdictions such as in New Jersey, property is divided according to a concept called "equitable distribution". This means that in the divorce action the court will look at the marital property and the history of the marriage and divide the property so that it is equitable to both parties. The major factor is the roles each spouse played in the marriage in acquiring the marital property. A woman who was the housewife of the husband who brought in all the money will still be entitled equitable distribution since her contributions to the marriage as a housewife were just as important as his as the main earner.
Wiki User
∙ 16y ago
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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.
What if you live in a community property state and on spouse owned property before the marriage if they divorce what are the spouses rights?
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.
What does community property state mean?
The term community property state means that the community property in a marriage divided equally between the two parties when there is a divorce. This property usually does not include property owned before the marriage.
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.
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.
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.
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.
Who gets the property in a divorce if one name is on the mortgage and both names are on the deed?
Property and divorce laws vary from state to state. The division of property depends on many factors such as whether you live in a community property estate, if the property was acquired during the marriage, etc.
What does community property state mean in a divorce?
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. Divorce proceedings in community property states (especially when a lot of assets are involved or when there has been a separation as well) can be very complicated. The divorce is the same as it would be otherwise with the general community property presumption and the party claiming an item is not community property bears the burden.
How do you relinquish property rights in a community property state?
There are 9 community property states in the United States in which upon death or divorce of a spouse to a marriage, property acquired during marriage is split 50/50. If you wish to change the nature of community property then it must be in writing. Most common people will sign a prenuptial agreement and these are a valid way to alter the nature of property distribution. You can also do this during marriage but make sure that you see a lawyer about this as it is more complicated than you think and if you do it wrong then the community property presumption will apply and it will be distributed according to community property principals.
Does the state i live in divorce laws applied to me if i was married in a different state?
The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.
