What are the nine community property law states?
COMMUNITY PROPERTY STATES â€¢ Arizona â€¢ California â€¢ Idaho
â€¢ Louisiana â€¢ Nevada â€¢ New Mexico â€¢ Texas â€¢ Washington
Real estate law in the United States generally has as its source English common law with some exceptions. The law in Louisiana is derived from the Napoleonic Code, which was based on Roman law. Some states follow community property laws regarding real estate owned by people who are married. Community property laws are of Spanish origin. Real estate law in the United States generally has as its source English common law with some exceptions. The… Read More
Community property is based on Spanish Law. In the United States, it is a part of the law in those states that were a part of Mexico before the Texas war of independence. It also applies in other countries that had Spanish Law. In the United States the various states have modified it. You will need to check in your state.
You need to consult with an attorney who can review the details of your situation and the laws of your state and then explain your rights. The law may vary from state to state and in community property states versus separate property states. You need to consult with an attorney who can review the details of your situation and the laws of your state and then explain your rights. The law may vary from state… Read More
In the United States most of the community property states are in the West where legal systems were influenced by Mexican Law. The law in Mexico is based on Spanish Law which is derived from Roman Law (civil law). The law in Louisiana is traced through The Napoleonic Code to Roman Law. The community property states are: â€¢ Arizona â€¢ California â€¢ Idaho â€¢ Louisiana â€¢ Nevada â€¢ New Mexico â€¢ Texas â€¢ Washington â€¢… Read More
IS Property acquired in a community property state by couple married in separate property state community property or separate property?
The law of the state where the property is located will answer that. Generally, real estate in a "community property" state, acquired during marriage, is community property regardless of where the couple was married. A lawyer familiar with your particular situation and the laws of the states involved may have a better answer for this.
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.
The rules that govern debt incurred by one spouse in common law states is much different than the rules in community property states. So the answer is yes. Common law property states govern debts within a marriage as well as property. In a common law property state debts that are incurred by one spouse are not usually the responsibility of the other unless the debt was for something that also benefitted the other spouse or… Read More
Typically community colleges do not pay property taxes because they are considered a political subdivision of the state under tax law provisions. Property tax laws vary by state within the United States so you are encouraged to check with your local property assessor.
Yes, community property takes precedence. The estate cannot do something with property that does not belong to them.
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… Read More
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… Read More
What rights do you have regarding your mother's property in the event of her death if she married to you stepfather in a community property state?
The rights you have to your mother's property depend on her will and a few other factors. The term "Community Property" does not mean that your stepfather is automatically entitled to all her property. That is a common misconception. The term comes from Spanish Law and has to do with income after marriage. You are in a state that has both Spanish Law and Common Law governing property as a ruling by the United States… Read More
Generally, no. However, if you live are married and live in a community property state you may have rights in property for which you are not on the deed. If that is the case, you need to consult with an attorney who is familiar with community property law in your state. In a separate property state, a married person can own property in their own name.
No. Maryland is an non-community property or equitable distribution state. There are at least two types of state schemes for the division of marital property at the time of divorce or death. One of these types is called "equitable distribution", by which the Court is supposed to look at the whole picture of the family's assets, debts, and resources, and determine what the most equitable division of each, or the total taken as a whole… Read More
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… Read More
Is a spouse responsible for credit card debt of deceased spouse in Oklahoma Only the deceased was on the account I was not even an authorized user?
I can't opine on Oklahoma law, but OK is not listed among community property states, and community property states would typically be the only ones where the surviving spouse who is not a co-debtor (or even an authorized user) would be on the hook.
Philip Benjamin Lowry has written: 'The Oregon community property law' -- subject(s): Community property
Is property locationed out of a community state considered community property such as South Carolina?
No. Property within any state is governed by that state's laws. For example if a married person living in a community property state owned some real property in Massachusetts that property would be governed by Massachusetts law. Massachusetts is a separate property state. No. Property within any state is governed by that state's laws. For example if a married person living in a community property state owned some real property in Massachusetts that property would… Read More
If you inherit money does it become community property in your marriagee does it become community property?
Although the rules of community property can differ even within those States who have adopted Community Property Rules, the general rule is that inherited money received during marriage remains your separate property. It does not automatically become community property. In many states, if you combine your inheritance money with community property funds, you can still get your inheritance money back if you can prove that the monies came from your inheritance. Remember, every State law… Read More
The law law states the acquisition of property can be declared to be for public use which is one of the property law in economics.
In most places, if there is no marriage, there is no community property. Common law marriage is no longer recognized in most states and many countries.
Can they put a judgment against your property if only your nane is on the deed wife has a judgment against her?
It depends on your state: If you live in most community property states (Louisiana West through Texas, and on the California) a judgment against her may affect your property if it is deemed to be "community property" which is property acquired during the marriage. If you live in a common law state, and the state has maintained "tenants by the entireities" as the form in which married persons hold property, then the property is, in… Read More
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… Read More
In a separate property state, yes. There may be problems in a community property state not with consent but with your wife obtaining an ownership interest by law. If you need a mortgage in a community property state your wife may need to sign her consent. You should obtain legal advice for your state before you buy. In a separate property state, yes. There may be problems in a community property state not with consent… Read More
It depends on your state law. In community property states, if the car was community property, the surviving spouse becomes the owner. In most other states, the surviving spouse and/or any children become the owners as heirs at law. The problem is that you may have to apply to refinance the car loan, which does not pass by intestacy rules. That may require you to file an estate action to become the formal owner of… Read More
Does your spouse have any right to anything bought during your marriage while she was still married to her previous husband?
In the United States, your "spouse" was not legally married to you if she was still legally married to her previous husband. In order to be legally married to you she must have obtained a divorce, waited the statutory nisi period if any, and then married you legally. If she married you knowing that she was already married then she violated the law. In a community property state, that property would not be community property… Read More
no none will be at risk. Absolutely incorrect. In community property states, any property that has not been kept solely separate -- and some that has been -- may be attached in a law suit. Even in non-CP states, any interminlging of funds may attach both estates.
There is no real federal law on "community property" or any real ruling on it in federal courts. Community property does not break the threshold for the requirements of a federal case; generally speaking. It would require the gross usurpation of rights, under the pretense of a sexual discrimination definition, to even gain the attention of a federal court.
What state community property law applies when property is in one state and you were divorced in another?
The state that has jurisdiction over the divorce decides how property (regardless of where it is located) is divided.
Yes- at least in the USA. But if it is done wrong in some states, the wife can acquire an interest by operation of law. You should consult with an attorney any time you purchase land and especially if you live in a community property state.
Generally, yes. However, if you live are married and live in a community property state your spouse may have rights in property. If that is the case, you need to consult with an attorney who is familiar with community property law in your state. In a separate property state, a married person can own property in their own name.
Some states are community property states. Others are equitable division states and the judge can vary from a fifty fifty split of the marital estate based on a balancing of the equities. Click on the link below for an explanation and the law in the state of Georgia, which is an equitable division state.
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.
George Ernest Glos has written: 'The law of marital property in Czechoslovakia and the Soviet Union' -- subject(s): Community property, Marital property, Separate property
In Florida can you protect assets solely acquired during a separation from your spouse from being included and partitioned as marital property?
Yes. Florida allows married couples to hold property as separate entities and such property is usually not subject to distribution between spouses when the marriage is dissolved. In those states that are not community property states, the law provides for equitable distribution, meaning one spouse may receive a larger portion of marital property than the other, depending upon the individual's circumstances.
Do I have a claim under the California Community Property Law if my late husband intended for his Retirement Insurance to go to me but his daughters are the named beneficiaries?
If by "retirement insurance" you mean a qualified retirement account covered by ERISA, then the retirement account had to provide that the surviving spouse is the beneficiary, unless the surviving spouse consented to a different designation (such as to the daughters). So the claim is not under community property law, but rather federal ERISA law. I'm not sure about California in particular, but in at least one community property state, you might have a claim… Read More
The statutes of the Internal Revenue Code and the Treasury Regulations promulgated thereunder and the common law and rules made in their regard can and do specify and define where the laws of a community property State apply to its effect.
If they couple did not reside in a community property state and the account was not joint; the debt will become part of the deceased's estate and handled according to state probate laws. An exception pertaining to spousal debt responsibility in community property states would be if they resided in Wisconsin. If onwe dies the other will not be liable, only if your name is on the card to. I had 2 of my spouse… Read More
If marital monies were used, then the property is considered community property and subject to division base on your particular state's law.
That depends on the laws in your jurisdiction. In a community property state a spouse may need to consent to the sale in writing. You need to consult with an attorney who specializes in real estate law. That depends on the laws in your jurisdiction. In a community property state a spouse may need to consent to the sale in writing. You need to consult with an attorney who specializes in real estate law. That… Read More
Wisconsin is a community property state, all marital property and assets are divided equally. Child support, spousal maintenance (if any) and debts are treated as different issues.
Chester Joseph Bartlett has written: 'The tenure of parochial property in the United States of America' -- subject(s): Church property, Church property (Canon law), Parishes (Canon law)
You need to check your particular state laws. In a community property state each spouse owns a one-half share of the marital property. In some states a spouse can dispose of their interest by their will to someone other than their surviving spouse. Upon the death of one spouse state laws vary on intestate (without a will) inheritance. In some, the surviving spouse inherits their deceased spouse's share if there are children of the marriage… Read More
What happens if a married couple own property and the spouse dies and the deed does not show right of surviorship?
If there was no survivorship created in the deed you should check with an attorney in your area who specialize in real estate law and probate law. Some states presume a survivorship interest between legally married people. In other states the default tenancy is tenants in common. In that case, the half interest of the decedent would pass according to the terms of his will or the state laws of intestacy if there is no… Read More
Community property laws apply to property acquired during marriage. Same sex marriage is not recognized in Texas so you have no community property rights. To protect your rights you must seek the advice of an attorney who specializes in the legal issues faced by same sex life partners. You need to execute property agreements, wills, health proxies, durable powers of attorney, etc., in order to provide you and your partner with the protections you are… Read More
In Florida can your in-law legally seize an auto originally registered in your name because your wife has borrowed money from him?
IF in-law got a judgment against her and attached community property or she signed the title over to in-law somehow.
yes, even if someone is on your property and won't leave you can shoot them. In regards to the above, most states do not permit you to shoot someone simply for being on your property. A couple states have the "make my day" law which applies in instances of uninvited persons entering your property at night, but the castle law doctrine applies inside your home or vehicle (in some states, it applies to your place… Read More
When a house is bought and is only on the wife's name as a gift from her parents does the husband have any rights over the property after a divorce?
The answer depends on the details: when the house was purchased, whether it became marital property by virtue of the husband paying for improvements, taxes, repairs, maintenance, etc., state laws, whether you live in a community property or separate property state, etc. You need to consult with an attorney who specializes in family law in your jurisdiction. The answer depends on the details: when the house was purchased, whether it became marital property by virtue… Read More
It is hard to say one law is specifically used "most" in algebra. However, it is amazing just how useful the reflexive property is. Reflexive property: a=a The property states that any number equals itself and is necessary for most other properties.
Pennsylvania is not a community property state. It's an equitable distribution state. Under the law, all property acquired during marriage, regardless of whose name it is in, is part of the marital estate and is subject to equitable distribution upon divorce. The court looks at several factors to determine a fair and equitable division of assets.