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In what circumstances can separate property become community property?
Wiki User
∙ 15y ago
Separate property can however, become community property through a process called \"commingling \". This happens when separate property is mixed or \"commingled\" with community property. If, for example, a spouse deposits his inheritance into a joint bank account where both spouses make withdrawals and deposits, the inheritance could at some point be considered \"commingled\" and part of the marital assets.
Wiki User
∙ 15y ago
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.
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Does a last Will and Testament become null and void after 6 months?
A last Will and Testament does not become automatically null and void after 6 months. However, certain changes in circumstances or legal actions could impact its validity, such as creating a new Will, getting married, or a court ruling. It's important to keep your Will updated and in line with your current wishes.
If you leave your possessions over a year at someones house are they considered forefitted?
Leaving your possessions at someone's house for over a year without any communication or agreement could potentially be considered abandoned property. In some cases, the possessions may become the property of the person hosting them after a certain period of time, depending on local laws and circumstances. It is important to clarify ownership and intentions beforehand to avoid any misunderstandings or legal issues.
If I pay someone elses property taxes does the property become mine?
No, paying someone else's property taxes does not automatically mean that you own the property. Property ownership is determined by the legal title and deed, not by paying taxes on behalf of someone else.
What is a form of slavery in which the slave is considered property and the children of slave women become slaves?
This form of slavery is called chattel slavery. In chattel slavery, individuals are treated as property that can be bought, sold, or inherited. Children born to slave women also become slaves, inheriting the same status from their mothers.
Your step-father and mother owned a house your mother died with no will and your step-father got remarried When your step-father dies do you have a claim to any portion of the property?
It would depend on the laws of the specific state where the property is located. In some states, you may have a legal right to inherit a portion of the property as a stepchild if there is no will. However, if your stepfather has since remarried, his new spouse may have a stronger claim to the property depending on state laws. It is recommended to consult with a legal professional for guidance on your specific situation.
Does inherited property become community property once the names of both spouses are on a bill?
Inherited property, if kept separate, does not generally become community property. However, community property laws differ so you should consult with the attorney who is handling the estate for advice if the state where the estate is being probated is also your home state.
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.
If a spouse's parent dies and leaves inheritance does this become community property with your spouse?
Not immediately. When you inherit something it is separate property because it was specifically designated to go to you. If you put these funds in a joint account or share them with your spouse then it would likely be deemed as transforming to community property.
What happens to wealth acquired before marriage in the case of divorce?
Marriage and divorce are governed by the laws in each jurisdiction and those laws vary. Property acquired prior to marriage does not normally become community property in a community property state. The laws in separate property states allow married people to hold property separately. However, there are extraordinary circumstances that may affect marital distribution in the case of a divorce in both systems. You should seek the advice of an attorney in your jurisdiction prior to marriage.
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.
In Virginia can a spouse whos name is on the deed and mortgage sell their house without the other spouse consent whos name is not on either one?
California is a community property state. Your husband may need your signature to sell his property if it was not titled as "separate property". Property acquired after marriage may become community property depending on the source. If the property was inherited then you may have no claim. However, if the property was purchased then the following passage may apply: "In California, any assets that are acquired during marriage become community property, (i.e., belonging to both spouses), unless they are specifically acquired as separate property. Real property that is conveyed to a married man or woman is considered community property, unless it is stated otherwise. In order for a married individual to acquire title in his or her name only, the spouse must relinquish all right, title and interest to the property. Usually, this is done by executing a Quitclaim Deed to the property, which is recorded concurrently with the deed to the property." You should seek the advice of an attorney.
Could property in the form of a cash gift from parents acquired before marriage become community property if it is invested by one spouse during the marriage in the sole name of that spouse?
No as long as that cash is in a separate account and has not been combined with marital assets.
If you owned your property prior to marriage will your ex be entitled to any part of it after a 6 month marriage?
No, community property refers only to that property that is gained during the marriage. However, if you use community property or income earned during the marriage to continue mortgage payments, to improve, etc, then a portion of it does become community property.
What year did Texas become a community property state?
it became a state in december 29,1845
If your sister leaves you money and you put it in a separate account is your husband intitled to a portion of it in NYS?
If YOU are the inheritor of a portion of an estate it does not automatically become community property. It is YOU that was named, not you and your husband. CAUTION: the question states that it is in a separate account - do not inter-mingle these funds with other "household" money or accounts.
If you inherit money does it become community property in your marriagee does it become community property?
Although the rules of community property can differ even within those States who have adopted Community Property Rules, the general rule is that inherited money received during marriage remains your separate property. It does not automatically become community property.In many states, if you combine your inheritance money with community property funds, you can still get your inheritance money back if you can prove that the monies came from your inheritance.Remember, every State law is different so be certain to check with an attorney in your area to be certain the laws in your State are the same as discussed above. Also, the facts of each case can have an impact upon the outcome, so a general legal principle is not always applicable. This above is for informational purposes only and not intended as legal advice, nor does it establish an attorney/client relationship.
What states are not community property states?
Then it is a separate propety state. Under a community property system, all property acquired by either spouse during marriage, with a few exceptions (such as property acquired by gift, inheritance, or devise, or the rents and profits of separate property) is treated as "community property" meaning that each spouse owns an undivided 1/2 interest in it. At divorce, all community property is split 50/50 between the spouses. If the property can't be divided in half (basically any property besides money, including houses, cars, and other tangible property), it will be sold, and the spouses will split the proceeds. In a separate property state, all property acquired by the spouses during marriage belongs to them individually, by default. At divorce, property will be subject to equitable distribution (not the same as "equal" distribution), meaning that a court will divide property in a manner it thinks is fair, considering the financial situation of each spouse, the lifestyle to which they've become accustomed, etc. This may or may not result in a 50/50 split of the property.
