Community property refers to property or assets that are owned jointly by a married couple. It means that both spouses have an equal ownership interest in the property, regardless of who acquired it. If the couple divorces or one spouse passes away, the
community property is typically divided equally between them.
Full definition
Equal ownership extends to debts in
community property states as well, making both spouses equally liable for debts — even when one spouse was unaware of those debts.
However, married taxpayers who live
in community property states and filed to file joint tax returns may still qualify.
If you live in a state with
community property laws, you may not be able to give your lover any money, or, at most, only half.
Finally, it distributes the marital assets between the two parties in according to the protocols
of community property division.
• The family residence purchased during marriage
with community property funds, along with any appreciation or increase in value.
At the meetings, real estate leaders shared statistics
on community property values and racial diversity to demonstrate the area's stability.
If a married person does not want to divide his inheritance upon divorce, he may keep it entirely separate
from community property.
A judgment of legal separation (sometimes referred to as a marital separation) determines support, child custody, visitation and
community property rights.
Under community property law, any asset or debt acquired by either party during a marriage is considered to be the asset or debt of both parties.
A spouse might
use community property as a way of hiding his or her debts, so that the other spouse is responsible.
This could be very general, and could just be an explanation of simple
community property concepts, or it could be more specific depending on the type of asset or debt involved.
Except as otherwise indicated and subject to
applicable community property laws, each owner has sole voting and investment power with respect to the securities listed.
Since community property laws vary state by state, you should talk to your financial planner or lawyer to get a better picture of how the law affects your assets.
In
most community property states, both spouses are equally responsible for the repayment of debt incurred during the marriage, even if only one spouse enjoyed the benefit.
It's one of only nine states that
observes community property law, where everything acquired during the marriage belongs equally to both spouses.
The court will begin with the assumption that the distribution should be equal but —
unlike community property states — may adjust that distribution if adjustment is appropriate for a particular case.
Any assets acquired during your marriage are
community property unless they were specifically a gift or inheritance to one party.
The most significant exception to this
general community property rule pertains to property acquired by gift to a particular spouse or through a spouse's inheritance during the marriage.
You spouse may have a legal right to the life insurance benefit, even if you do not name them the beneficiary if you used
community property money to pay the policy's premiums.
A minority of states
recognize community property; these states typically divide any property obtained during marriage equally between spouses.
• Interest in third party projects when a spouse
invests community property time in those projects and is, therefore, entitled to receive compensation.
You will, however, be informed about
basic community property laws and family laws that govern your specific circumstances.
Note that some lenders use the same rules in common law states that they apply
in community property states, and always check the marital status of applicants.
This is especially true when each spouse claims an asset as separate property, thus excluding it
from community property.
Phrases with «community property»