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Laws vary in community property states, but in general, if the home was owned by your spouse before you were married and you moved into this home after you were married - the home is his. What you own prior to marriage is yours when you end the marriage. But it is not quite that simple. During the course of the marriage, your property will increase in value. If your spouse contributed to the costs of maintaining or improving the property, she is entitled to a percentage of the increase in value. Contributions don't necessarily have to be monetary either. You will still get to keep the house, but you may have to buy out her percentage from the your share of the total assets. You need to work with your attorney to establish a monetary value for those contributions.

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Q: When a couple is married and one owns a home does this home become community property?
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Related questions

When a couple are not married and one owns a home does this home become community property?

That will depend on the laws in that jurisdiction. Some have rights in property regardless of whether it is community property or not.


How long does a couple need to be married for property to be considered community property?

You do not necessarily have to be married to own jointly owned property and even when an individual is married for 60 years he could still keep property separate from his spouse. Property is considered jointly owned if you purchased it together (each contributing), your name is on the property, or in some situations when you are married and you have substantially contributed to the property. If your spouse has kept the property separate by keeping it in his name, only putting his money into it then it will be considered separate.


Is it community property if the inherited property was not in a community property state?

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 property of the marriage. Massachusetts law would govern the ownership of the property.


Is an authorized user on a credit card liable for the debt?

No. The only exception would be a married couple residing in a community property state.


Do you have to be married in order to share the benefits of a community property state?

No, a palimony suit can be filed.AnswerYes. You must be married to benefit from the legal provisions of a community property state which apply to couples who are legally married. In the case of a couple who was not married, the party who wants to take a share of the property must bring a suit in court. Palimony suits are expensive and difficult to win and the outcome does not necessarily follow a community property scheme. Palimony suits are more useful as a negotiating tool to gain some property from the relationship.


What if a couple that lived together for two weeks considered community property?

I am not really sure what your question is but generally speaking, community property is not in every state so begin by checking to see if you live in a community property state. Community property is the presumption that all things that were not separate property before the marriage or maintained that characteristic will be shared by the couple 50/50. The economic community begins when you get married and end on death or divorce. There are ways to keep your property separate but monies earned and property acquired during the course of the marriage will be presumed to be community property unless otherwise distinguished.


In the state of washington- does the remaining spouse inherit all property?

The state of Washington is a community property state in which property owned by a married couple has joint ownership. Therefore, a remaining spouse will inherit all property.


If a credit card is solely in the name of a deceased wife is the husband responsible for the debt?

Only if the married couple resided in a community property state.


If your ex filed for bankruptcy before you divorced and you were an authorized user on his credit card are you liable for the debt?

Only if the married couple lived in a community property state.


Can child support put a lien on your house if your husband's name is not on it and he owes the child support and the house is in your name?

Only if the married couple reside in a community property state and the property was bought during the marriage.


How do you get property in your name if spouse dies without a will?

If the property is jointly owned by the married couple it generally reverts automatically to the surviving spouse and does not enter probate. If the married couple lived in a community property state the property does not need to have both names on the title for it revert to sole ownership by the surviving spouse. The procedure for changing deeds/titles to real property is established by state law. Contact the land recorder or assessor's office in the city or county where the property is located.


What is joint marital property?

It means it is all the property that belongs to a married couple only.