Questions tagged [community-property]

In the simplest terms, community property refers to the property shared between two spouses in certain states within the United States.

Filter by
Sorted by
Tagged with
4 votes
1 answer

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's user avatar
0 votes
0 answers

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 ...
Edward's user avatar
  • 1
9 votes
1 answer

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 ...
Daniel Caoili's user avatar
2 votes
1 answer

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 ...
Libra's user avatar
  • 6,410
1 vote
0 answers

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? ...
xuhdev's user avatar
  • 1,134
0 votes
1 answer

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 ...
mykey's user avatar
  • 239
0 votes
1 answer

Home community and separate property

Say I buy a home that is worth 200k and I pay down 100k principal of the loan before marriage. After marriage I continue to pay the mortgage. Is what I pay for the mortgage considered community ...
worbel's user avatar
  • 103
0 votes
0 answers

Can you avoid the division of debt during a divorce (Arizona community property laws)?

The context is in USA, AZ and with regard AZ community property laws. Say spouse A gets a credit card and racks up debt on the card without Spouse B's knowledge or consent. The couple had the income ...
LawCurious's user avatar
1 vote
1 answer

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 ...
elika kohen's user avatar
1 vote
1 answer

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 ...
Cali-Divorcing's user avatar
0 votes
1 answer

What can a spouse do in regards to controlling the beneficiaries of a life insurance policy in a community property state

Lets say a husband and wife both live together in a community property state, say Texas, and the husband is paying for a life insurance policy on the wife. The policy payout is 500 thousand dollars. ...
mark b's user avatar
  • 780
3 votes
1 answer

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 ...
Daniel's user avatar
  • 309
1 vote
1 answer

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's user avatar
0 votes
1 answer

Can a spouse buy separate property in a community property state?

In Texas (a community property state), is there a way for a person to buy or own property to which to a spouse will have no right?
Eric's user avatar
  • 101
1 vote
1 answer

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 ...
Ryan L's user avatar
  • 67
6 votes
1 answer

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 ...
Christian Conkle's user avatar