Property Rights Of Spouse
The property rights of the spouse is dependent on the state you are living in. In the US, different states have different laws pertaining to property. Therefore, it is not necessary that the property that is acquired during marriage will be considered as community property. |
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Some states have common law practices wherein the property acquired during marriage by a spouse is taken as being owned only by that spouse. This is the case whether the property is acquired during marriage, before marriage or even after marriage. In order for the property to be considered community property, the spouses have to make a legal agreement.
Whereas in community property states, the law is a little different. Any property acquired during marriage is taken as community property, that is property owned by both husband and wife. However, if the property is gifted, willed or inherited to a spouse, then it will belong solely that spouse. Usually when it comes to property rights of the spouse in community property, the spouse is eligible to one-half of the property. The other half belongs to the other spouse.
However, both community property states and common law states allow the spouses to make their own agreements regarding how the property should be distributed if one of spouses dies or there is a divorce. Then this agreement is taken to divide the property between the spouses.
Community property and common law states generally permit the spouses to form agreements regarding the distribution of their property upon death or divorce (i.e., prenuptial agreements). Thus, in a state treating settlement awards as the separate property of an injured spouse, the other spouse can gain a portion of that award by entering into a valid contract with the injured spouse for a share of the award.
It is interesting to note that common law states are more in number with 41 states adopting this law. Community property law is followed in 9 states, namely Arizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas, Washington and Wisconsin. In Alaska, a couple can opt for community property through a written agreement.
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