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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.
Community of Acquests and Gains: Each spouse owns an undivided half-interest in all property acquired during the marriage, except for property acquired by gift or inheritance during the marriage, which is separate property; or which traces to separate property acquired before the marriage, which remains separate property; or which is acquired during a period when the couple are permanently ...
In 2012, the Uniform Law Commission promulgated the updated and revised Uniform Premarital and Marital Agreements Act (UPMAA), which established procedural and substantive safeguards for marital agreements in an effort to bring them into accord with safeguards for premarital agreements. [2]
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Parents who gave property to a daughter upon marriage also enjoyed the protection the Act provided from a son-in-law's mishandling of his family's affairs. [14] The property a woman could own and protect from her husband's creditors included slaves. [15] Maryland enacted important legislation in 1843 and Arkansas enacted legislation in 1846. [15]
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.
Proof of the accused party's wrongdoing may result in the court granting the filing spouse a larger portion of the marital property or increased support and alimony. [8] However, fault divorces are considerably more expensive to obtain than no-fault divorces. [8] The most common fault grounds include the following:
These agreements address the division of the spouses' assets, including property obtained before and during the marriage, and often limit or waive alimony. [ 7 ] Provisions that are included in a postnuptial agreement that relate to child custody or child support are not enforceable, nor are provisions that attempt to regulate routine aspects ...
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