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Title 9 Family Law
Subtitle 2. Domestic Relations
Chapter 11 Marriage
Subchapter 5 -- Rights and Property of Married Persons
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Is inherited property community property?
No. But the inheritance should always be kept separate and not co-mingled with marital property.
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 inherited property in Tennessee considered marital property for both spouses?
No, what you inherit is yours and not part of the marriage.
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.
In what circumstances can separate property become community property?
Separate property can become community property through commingling, transmutation, or a legal agreement between spouses stating an intent to convert separate property to community property. Commingling occurs when separate property is mixed with community property, making it difficult to distinguish which portion is separate and which is community. Transmutation refers to the intentional change in character of property from separate to community through actions or behavior of the spouses.
If both spouses own the house but only 1 spouses name is on the deed to the property how is it divided in Virginia?
it's your house. it's your house.
Do spouses have to sign deeds in nc?
Any owner of real property must sign a deed in order to transfer title to a new owner. If both spouses own it then both spouses must convey it.
In a divorce situation in Florida should both the husband and wife be grantors on a quit-claim deed when conveying the property to one of the spouses as grantee?
Only the spouse who will not be getting the property needs to be a grantor on the deed. In essence, one of the spouses is surrendering their share of the property over to the other.
In what type of property do both spouses own a one half interest?
Joint tenancy
Why is quitclaim deed required?
Quitclaims (sometimes called "quit claims") are a type of property deed that is easy to fill out and file without the help of an attorney. It is often used between spouses, friends and family members for the purpose of transferring ownership of a property and also identifying exactly who the owner of the property is.
What is the Community property about?
Community property refers to a legal regime in which property acquired during a marriage is considered to be owned equally by both spouses. It is primarily recognized in nine U.S. states, including California, Texas, and Arizona, and typically applies to assets and debts accumulated during the marriage, excluding inherited or gifted property. In the event of divorce, community property is generally divided equally between the spouses.
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?
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.
