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The community property concept originated in civil law jurisdictions but is now also found in some common law jurisdictions. U.S. states with community property laws draw primarily from the marital property laws under the civil law of France and Spain. [10] Division of community property may take place by item by splitting all items or by values.
If you live in a state with community property laws, your spouse is likely to inherit the property and the responsibility for the debt, whether or not they’re jointly listed on the mortgage.
Separate Property with Equitable Distribution: Under this system, when substantially more property acquired during a marriage is owned by one spouse (e.g. title to all marital property is held in the husband's name only), the courts will make an equitable distribution of the richer spouse's property at death or dissolution of the marriage.
Community property vs. separate property. Living in a community property state doesn’t mean that creditors can necessarily clean out your and your spouse’s bank accounts. That’s because some ...
The intestacy laws of certain American states, limit the surviving spouse's rights (inheritance) to the deceased spouse's real estate to a life estate. Louisiana, applying civil law, has a similar default provision in intestate successions called a usufruct, which is only over community property and ends with the earlier of death or remarriage.
This is most common in states with community property laws. This means that a surviving spouse must pay the debts of the deceased spouse using jointly-held property, such as a home.
Family visitation rights for the spouse and non-biological children, such as to visit a spouse in a hospital or prison; Next-of-kin status for emergency medical decisions or filing wrongful death claims; Custodial rights to children, shared property, child support, and alimony after divorce; Domestic violence intervention
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