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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]
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.
Uniform Marital Property Act: 1983 Uniform Marketable Title Act: 1990 Uniform Marriage and Divorce Act: 1970, 1973 Uniform Mediation Act: 2003 Uniform Money Services Act: 2000 Uniform Multiple-Person Accounts Act: 1969, 1989 Uniform Nonprobate Transfers On Death: 1989 Uniform Parentage Act: 1973, 2000 Uniform Partition of Heirs Property Act: 2010
The married women's property acts gave women the right to bring lawsuits in their own name, but courts were reluctant to extend that right to the marriage relationship. [1] Between 1860 and 1913, courts narrowly interpreted marriage property acts so as to not allow spouses to sue each other for tortious acts. [1]
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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.
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