Community property without spouse title

Question

In community property states such as California and Texas, I know all all property acquired after marriage belongs to both spouses equally, however, if a property was acquired after marriage when that marriage occurred in a foreign country, does the community property law still apply to division of property (e.g. both spouses divide the property equally) if a spouse files for divorce (assuming both spouses now live in the community property state)? Also, if the acquired property after marriage does not contain the title of other spouse that was married from a foreign country, does the community property law still apply to division of property if either of the spouses files for divorce (assuming both spouses now live in the community property state)?

Answer 1

As background, the fact that the marriage occurred in a foreign country isn't very important, marriages in a foreign country are recognized in the U.S. as valid (with the exception of certain polygamous marriages and child marriages and incestuous marriages).

The divorce laws of the place of the divorce apply absent one exception for "quasi-community property" described below, without regard to where the marriage was entered into by the parties, and the decision to recognize "quasi-community property" is up to the state where the divorce occurs.

If a property was acquired after marriage when that marriage occurred in a foreign country, does the community property law still apply to division of property (e.g. both spouses divide the property equally) if a spouse files for divorce (assuming both spouses now live in the community property state)?

Most countries in the world follow a community property regime (the main exceptions are common law countries and Islamic law countries).

But many common law countries and many U.S. states that do not follow community property rules still treat property acquired by the couple while married in a community property state as community property (this is called "quasi-community property").

The reverse (i.e. treating property acquired outside a community property state as separate property) is much less common, if it is done at all.

if the acquired property after marriage does not contain the title of other spouse that was married from a foreign country, does the community property law still apply to division of property if either of the spouses files for divorce (assuming both spouses now live in the community property state)?

Yes. And, community property cannot be transferred or sold without the permission of both spouses even if only titled in the name of only one of them. See California Family Code §§ 1100-1103.

Spouses may not solely act on any whole piece, or 100%, of community property. They must have the other spouse's permission to do the following:

*Transfer or sell the item

*Alter the item

*Destroy the item

(Source)

The whole point of a community property system is that ownership between spouses is not controlled by legal title to the property.