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What if a person died with no Will in a non community property state and there are children from a previous marriage and the first wife died and the second wife was only married for 14 months?
Wiki User
∙ 12y ago
Depends on the state, but in general she will get at least half of the estate. The other half would typically be divided amongst the living children from both marriages.
An attorney should be consulted now.
Wiki User
∙ 12y ago
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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.
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.
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.
If property is purchased in your husbands name only is it considered community property?
If the property was purchased during the marriage it is community property if you live in a community property state.
What are a father's parental rights in Louisiana?
The laws of intestacy in Louisiana are unique. If you die without a will in Louisiana the laws of intestacy will distribute your property to your spouse and children. The division of the property depends on whether the property is separate property or community property. Community property is property that was acquired by a married couple during their marriage. Separate property is property that was inherited, owned before marriage, or gifts. Generally, the spouse receives no separate property. It passes to your children or grandchildren. The surviving spouse receives none of the decedent's share of the community property if the couple has children. Your community property will go first to your children. If you do not have children, your spouse will receive your community property. This comment addresses spouse and children only. For the full picture of intestacy in Louisiana an internet search will provide numerous articles and sites that discuss the details.
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 property acquired after marriage in a community property state considered to be community property if a loan is taken against the property.?
Yes.Yes.Yes.Yes.
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 is considered community property?
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. The main areas of separate property are those items acquired before marriage, items received as a gift through a will or by inheritance, and those properties purchased with separate property funds.
In a community property state is property inherited after marriage considered community property?
Property acquired prior to marriage is separate property and remains separate unless the spouse is granted on title and contributes to the mortgage payments from community funds, then they acquire an interest in that separate property in proportion to their contributions. Paying insurance taxes, utilities is not considered a basis to make the property community.
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.
