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In a marriage where one spouse lives in a community property state and the other does not, the laws of the community property state would typically govern the division of assets and debts acquired during the marriage. This means that both spouses may have rights to each other's income and property, regardless of where they live. It is important to understand the specific laws of the community property state to determine how assets and debts will be divided in the event of a divorce or separation.
What else can I help you with?
If you and your spouse have separate credit card accounts are you liable for your spouse's balance if he defaults?
The extent of liability depends on whether the married couple reside in a community property state and if so, if the accounts were established during the marriage. Married couples residing in community property states, other than Wisconsin and Texas are usually equally responsible for debts regardless of which spouse is the account holder.
Is a wife who is not a joint account holder responsible for her husband's credit card debt in Illinois?
Illinois is not a community property state, therefore a spouse who is not a joint account holder is not responsible for the credit card debt of the other spouse.
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.
If your husband buys a house without you signing the papers will your credit still be affected in the event of late payments?
do you live in a community property state? if so anything a spouse does will affect the other.
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).
If one of the married partners acquires real estate by deed does that give the other spouse legal rights to that property?
It depends on the state that the property is in. In a separate property state the spouse would not acquire an interest. In a community property state if the property is acquired by deed during the marriage it becomes community property.
In North Carolina is a spouse entitled to a portion of the other spouse's inheritance?
In general, no. First, North Carolina is not a community property state. Second, in general, inheritance remains separate property, even in community property states, unless the inheriting spouse commingles the assets (mixes the inheritance in with community assets; for example, deposits the money into a joint checking account).
If a spouse files for bankruptcy in a community property state and debts are discharged can the other spouse be held responsible for the discharged amounts?
Maybe; see a lawyer.
Can an ex-spouse who lives in Mexico have a right to community property in California now that ex-husband has passed away?
No. Divorce severs the legal relationship between the parties. Once a couple has been divorced there are no community property rights between them. Their community property should have been divided as part of the divorce and once the divorce was final each has no claim to the estate of the other.
Does property purchased beforè marriage become community property?
Generally, no. Unless the other spouse contributed money or labor toward improvements.
Is a wife's money protected from a husband's creditors?
A wife's (spouse's) money is only protected from the husband's (other spouse's) creditors if any of the following are true: * The couple lives in a non-community property state and the loan/credit account is only in the husband's name * The couple lives in a community property state, the loan/credit account is only in the husband's name, the loan existed before the marriage and has provably not been used in any way to benefit the wife
Is a husbands money protected from a wifes creditors?
A wife's (spouse's) money is only protected from the husband's (other spouse's) creditors if any of the following are true: * The couple lives in a non-community property state and the loan/credit account is only in the husband's name * The couple lives in a community property state, the loan/credit account is only in the husband's name, the loan existed before the marriage and has provably not been used in any way to benefit the wife
What rights do you have to your fathers estate in Texas when there is no will and he has remarried?
The community property will be split in half, half for his spouse and the other half for his children. The separate property, if any, will go to the children, with 1/3rd going to the spouse. And the spouse will have a life estate in 1/3rd of all real property with the remainder to the children.
What are Texas laws regarding intestacy?
Texas law can get very specific as to who has an interest in the intestate estate. Generally speaking, Texas is a community property state and therefore distinguishes between community property and separate property. There are different rules for each type of property. All of the community property belongs to the surviving spouse unless there are heirs that are not related to the surviving spouse. If this is the case, then the spouse will receive one half of the estate while the heirs will have the other half to divide among themselves. If there are no surviving children or heirs then the surviving spouse will inherit the separate property as well.The General order for distribution is:(1)spouse(2)children(3)parents(4)brothers and sisters
Can a spouse give a gift from Community property without telling the other spouse in Arizona?
As to real property the answer is no. Both parties who hold title as community property must act to convey or hypothecat the property, the only exception is that if the property was not expressly accepted by the couple with "the right of survivorship" (which is optional) upon acquisition, then either party may will their interest in the land to a third party upon their death.
What happens to community property when one spouse dies?
Far too complicated for a simple answer. How was the property held? In each name, or a joint tenants with right of survivorship? Was there a will? Are there surviving heirs other than the holder of the community property? And finally- it will be up to the laws of the state, province or nation where the community property is located.
Do children have rights in or to community property if father dies but mother is living?
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. In some the surviving spouse receives only a half of that share if there are children by a former marriage. In Louisiana the share of a deceased spouse in community property passes to their estate if they had children but the surviving spouse can use the property until death or remarriage. If the deceased had no children the community property passes to the surviving spouse.People who own property in a community property state should consult with an attorney about estate planning. If you are a surviving child then you should consult with an attorney who specializes in probate law.
