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Either file a motion to amend the pleading to read correctly, or present proof to the court that the two defendants are NOT, in fact, married.

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Q: When a complaint states two defendants and as a marital community what needs to be done if there is no marital community?
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Related questions

Is Illinois a marital property state?

No. Community property states are Arizona, Washington State, California, Idaho, Louisiana, Nevada, New Mexico, Texas and Wisconsin. Wisconsin however does not follow the same criteria for assessing marital debts and assets as do the other eight "CP" states.


Is Missouri a Community or Marital Property State?

No it is not. There are only 9 states that are,ArizonaCalifornaIdahoLouisianaNevadaNew MexicoTexasWashingtonWisconsin


Can a husband be held responsible for the amount owed on a repossesssed vehicle that is solely in the wife's name when she has no job or assets?

The spouse would only be responsible if the married couple live in a community property state. Community property states treat marital debt as joint regardless of which spouse incurred the debt(s); (Texas and Wisconsin attribute marital debt responsibility differently than do the other CP states).


Are you responsible for your spouse's debts?

yes * Only if the couple reside in a community property state and the debt is incurred during the marriage. All CP states allow a spouse to use the "innocent spousal" defense concerning marital debts if the spouse was not aware of the debt made or had no control over the matter. Texas and Wisconsin are not "true" community property states when it relates to marital debts solely incurred. In all other states sole debts belong to the spouse who incurred them.


Is Rhode Island a community property state?

No. When it relates to debts incurred in a marriage the couple are equally responsible for joint marital debts and solely responsible for debts incurred in their name only. Equitable distribution is generally used when it relates to the allocating of marital property in a divorce.


Is Wisconsin a community property state?

AnswerNo, in matters of marital property it is an equitable distribution state.In the United States there are ten community property states: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.


What states are marital property states?

Florida, new york new jersey


What states are non spousal states?

Perhaps what is meant is... Which states are community property states? There are only nine CP states and they are: California Idaho Louisiana Nevada New Mexico Texas Wisconsin (this state is not considered a "true CP state" in regards to the way the laws for marital debt and/or assets are determined.)


Are you required to pay your late husband's debt if it was in his name only?

Only if the couple resided in a community property state at the time of death. Wisconsin and Texas are not "true" CP states as they define marital debt differently than do the other 7 CP states.


When are you entitled to half your partners assets?

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.


Is a spouse's wages subject to child support in Texas?

Not at the present time, however it is in other states should the obligee move. see links below A non biological parent is never financially resposible for the support of their spouse's/partner's child/children. However, this does not mean that in community property states joint marital bank accounts or other marital assets cannot be levied for child support obligation.


Can you get unemployment benefit if married?

Your marital status is irrelevant. You receive unemployment benefits based on your states laws. No state discriminates based on your marital status.