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Yes, California is a community property state, not a common law property state. In community property states, assets acquired during marriage are generally considered jointly owned by both spouses.
What else can I help you with?
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.
How long do you have to live with someone to become his common law partner or domestic partner in California?
California doesn't recognize in state common law marriages. If you are in a common law marriage in a state that allows such marriages, then California would recognize the marriage as valid, but California state law doesn't itself allow for common law marriages. Also, remember, that if you MOVE to California (i.e. become a California resident), and you were common-law married in your prior state, then California may or may not recognize that prior marriage as valid. California law is more than a bit fuzzy on that point, and it can become a serious problem in cases of divorce or death of a spouse. Virtually all California Family Law lawyers will absolutely recommend that you get an official California Marriage License if you intend to become a California resident.
In Indiana does a common law wife have any rights to property that is in her husbands name?
No. There is no common law marriage in the state of Indiana. An unmarried partner has no legal interest in their partner's property.
What are the four kinds of law applied in California state courts?
- Constitutional law - Adminstrative law - Statutory law - Common law
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.
Common law California?
The state of California does not recognize common law marriages. There are only 13 states that recognize common law marriage. Among them are Colorado, Montana, Kansas, Pennsylvania, South Carolina, Texas, and Rhode Island.
When did California stop recognizing common law marriage?
Common law marriage was abolished in California in 1895.
Was a common law marriage recognized by Calif in 1943?
No, California did not recognize common law marriages in 1943. The state officially abolished the recognition of common law marriages in 1896, requiring couples to formalize their union through a marriage license and ceremony. Even if a couple met the criteria for common law marriage in another state, California would not recognize that status.
Can they put a judgment against your property if only your nane is on the deed wife has a judgment against her?
It depends on your state: If you live in most community property states (Louisiana West through Texas, and on the California) a judgment against her may affect your property if it is deemed to be "community property" which is property acquired during the marriage. If you live in a common law state, and the state has maintained "tenants by the entireities" as the form in which married persons hold property, then the property is, in all likelihood, free from the lien of the judgment.
What legal rights do you have to property or money if you are not married to someone and the state does not recognize common law marriages?
none
California state law re month-to-month tenants and subleasing?
As long as the landlord who owns the house is aware and has approved the tenant to sublease rooms or space with in the rental property it is not against California Law.
What rights do you have regarding your mother's property in the event of her death if she married to you stepfather in a community property state?
The rights you have to your mother's property depend on her will and a few other factors. The term "Community Property" does not mean that your stepfather is automatically entitled to all her property. That is a common misconception. The term comes from Spanish Law and has to do with income after marriage. You are in a state that has both Spanish Law and Common Law governing property as a ruling by the United States Supreme Court recently demonstrated. Other than clarify that common misconception, that is all I can tell you. You could ask your mother about her will.
