In the simplest terms, community property refers to the property shared between two spouses in certain states within the United States.
Questions tagged [community-property]
23 questions
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Divorced mom pays mortgage. She wants to get title in her name
A divorced mom pays the mortgage on and lives in a house, but the house title is in both parents' names. The father is gone. The mom wants to move, but can't sell the house.
How can the mom get the house title in her name without the father signing…
Daniel Caoili
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In California, what happens if one spouse names a third party as their sole life insurance beneficiary?
Under California's community property law, each spouse can only control half of the couple's community property in his or her will. Does the same rule apply to life insurance benefits? Can one spouse name someone other than the surviving spouse as…
Christian Conkle
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For community property that is to be divided equally during divorce, can I pay my spouse the equal amount instead of selling my house?
If I have a real property in community property states (e.g. California) that is to be divided equally during divorce, can I pay my spouse that equal amount instead of selling my real property? Could I legally do that? If so, what are the pros and…
HelloDarkWorld
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Community property
In a community property state (TX), if a spouse dies, must the community home be sold so that so value can be distributed as stated in a will?
blacksmith37
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What state child support laws govern?
If a child support order originates in a non-community property state, but the debtor lives in a community property state, does that make any difference or is it a moot point?
For example, in some states, all marital income can be considered…
Daniel
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Life insurance payout - community property or separate property?
In a community property state (e.g., California, Texas), if one spouse receives a life insurance payout from the death of their parent during the marriage, and then they divorce, does the payout automatically become community property or is it…
yuzu83
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Could a poorer partner end up paying a richer partner in a divorce in a community property state?
Let's say that just before a marriage, the rich partner (RP) has a net worth of $10 million, and the poorer partner (PP) has a net worth of $1 million (and this is documented). They are in a community property state such as California. Total…
Libra
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Community property without spouse title
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…
HelloDarkWorld
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Married couple moving from a common law state to a community property state: California and Washington approach this differently?
If a married couple moves from a common law state to a community property state, do the properties they acquired after marriage (other than some prescribed exceptions) become their community property?
Consider a piece of property they own before…
xuhdev
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Can a Condominium Association Incorporate Without All Owners?
If after purchasing a property in a Condominium Association, and it is discovered that the corporation was administratively "dissolved" years ago, can that association refile Articles of Incorporation and Bylaws without 100% approval of the…
elika kohen
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Communal vs separate property, California divorce
I have opened a bank account shortly after getting married, solely in my name, and we never mixed our funds. I funded it initially with money I earned prior to marriage. My husband did the same with his separate bank accounts. My paycheck was…
Cali-Divorcing
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Can a spouse insist on payout of half of the equity in a home?
In a community property state ( TX ), can a spouse get one half of the equity from the home ( community property) , in the absence of a death or a divorce ?
blacksmith37
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What might be the chances of piercing the corporate veil for owning an LLC in a community property state with my spouse?
It seems that the courts in more States in the U.S. might start to grant judicial foreclosure on single-member LLCs. So, my question is, is husband and wife owned LLC in community property States regarded as Single-Member LLC? If so, what is the…
Ryan L
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In a community property state can one spouse sell property they owned before marriage and buy another property and keep still keep it separately owned
I've tried finding an answer to this specific question but couldn't. I think in fairness that property or money owned before marriage would still remain the person's own separate property even if they used the money to buy something else... but is…
Edward
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Leasing of community land
With the spirit of protecting community lands from private investors and other government actors, The Kenyan Constitution (2010) demanded for a community land law. This law was formulated in 2016 as the Community Land Act 2016.
The unregistered…
mykey
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