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Common Law Marriages

Community property, common law, assets and debts (Page 1 of 3)

Mar 22, 2006. the community property or common law rules depends on what state . from Spanish law, is found predominantly in western states: Arizona, .
http://www.bankrate.com/brm/news/pf/20060322a1.asp

The requirements for a common law marriage are as follows:

  • Making Wills in Common Law and Community Property States ...

    Inheritance laws differ in common law and community property states, and . come in if you successfully disinherit your spouse from your will or if property is .
    http://www.finweb.com/retirement/making-wills-in-common-law-and-community-property-states.html

  • Community Income - Identifying Income as Community Income or ...

    Spouses living in community property states will need to follow state law to . property state need to classify their income as either community income or separate .
    http://taxes.about.com/od/income/a/community-property-income.htm

  • Property Division at Divorce or Death for Married Couples Migrating ...

    and Appendix B which illustrate how property acquired in a common law jurisdiction will be disposed of in each of the community property states upon divorce or .
    http://www.huschblackwell.com/files/Publication/8a62b1b4-4e4e-4528-b16c-638bf4e77c68/Presentation/PublicationAttachment/f1039213-a810-4162-9d06-679bddb25f89/ACTEC_Kingma.pdf

  • Community Property and Common Law Property

    Community Property vs Common Law Property . Currently there are eight states that have adopted the Civil Law doctrine of community property. These states .
    http://www.probate-estate-planner.com/community-property.html

  • Do You Live in a Community Property State? | LegalZoom

    States are either community property states or not. . converted from community property to separate property through an agreement valid under state law.
    http://www.legalzoom.com/marriage-divorce-family-law/prenuptials/community-property-state

Is Illinois a community property state or a non-community property ...

Apr 12, 2012 . This entry was posted in Divorce and Family Law and tagged community property law, community property states, marital property, marital .
http://brianthompsonlaw.com/blog/2012/04/12/is-illinois-a-community-property-state-or-a-common-law-property-state/

Common law marriage is recognized only in the following states:

  • Alabama
  • Colorado
  • District of Columbia
  • Georgia (if created before 1/1/1997)
  • Idaho (if created before 1/1/1996)
  • Iowa
  • Kansas (both age 18 or older)
  • Montana
  • Common Law vs. Community Property States – Division of Assets

    The way marital property is divided varies from state to state. States fall into two general categories as to how they divide marital property - comm.
    http://www.womensdivorces.com/articles/assets/common-law-vs-community-property-states/

  • Ohio (if created before 10/10/1991)
  • Oklahoma (if created before 11/1/1998)
  • Pennsylvania (see below)
  • Rhode Island
  • South Carolina
  • Texas ("informal marriage")
  • Utah (only if validated by court/administrative order)

25.18.1 Basic Principles of Community Property Law - Internal ...

1981); Schmidt v. Commissioner, T.C. Memo. 1981-38. Eight of the nine community property states presently do not allow common law marriages to be .
http://www.irs.gov/irm/part25/irm_25-018-001.html

Common Law Property Definition | Investopedia

A system used by most states to determine ownership of property acquired during . to the community property system, the common law property system states that . In breakup, divorce or death, community or common law will determine how .
http://www.investopedia.com/terms/c/common-law-property.asp

Property - Chapter 11 - LexisNexis

Traditionally, the common law allowed men to exercise almost total control . The principal alternative, adopted by eight states, is the community property system. . curtesy—a life estate in real property owned by his wife in fee simple or fee tail .
http://www.lexisnexis.com/lawschool/study/outlines/html/prop/prop11.htm

Community Property - Legal Dictionary - The Free Dictionary

The holdings and resources owned in common by a Husband and Wife. . Laws vary among the states that recognize community property; however, the . couple's property in community property states, and, therefore, when a husband or wife .
http://legal-dictionary.thefreedictionary.com/Community+Property

Marriage & Property Ownership: Who Owns What? | Nolo.com

Most states, except those listed as community property states, below, use the " common law" system of property ownership. In these states, it's usually easy to tell .
http://www.nolo.com/legal-encyclopedia/marriage-property-ownership-who-owns-what-29841.html

common law or community property? (Nevada, Paradise: lease ...

Jul 9, 2007 . I have questions regarding common law or community property. . for gay couples that can't be married legally within certain states--don' t know .
http://www.city-data.com/forum/texas/113429-common-law-community-property-nevada-paradise.html

Community property - Wikipedia, the free encyclopedia

Community property is a marital property regime that originated in civil law jurisdictions and is now also found in some common law jurisdictions. The states of the United States that recognize community property are primarily in the West; . It generally does not apply to property acquired prior to the marriage or to property .
http://en.wikipedia.org/wiki/Community_property

List of Community Property States - Divorce - LoveToKnow

Assets acquired before the date of marriage or after the date of separation are not considered . The following states do not have community property laws.
http://divorce.lovetoknow.com/List_Community_Property_States

State Common Law Marriage Requirements
Alabama

10 Tips on Community Property for the Common Law Estate Planner

Oct 1, 2009 . Geography: In the following eight states, the community property system is . Community property vs. separate property vs. quasi-community property: . a move from a common law state to a community property law state. 4.
http://bbatrustsandestates.blogspot.com/2009/10/10-tips-on-community-property-for.html

Colorado

stepped-up basis | Elder Law Issues — Fleming & Curti, PLC

Arizona is one of nine “community property” states in the country, and that can be . “Community property” concepts were not part of the English common law. . to most of the American states, property was owned by one spouse or the other, .
http://issues.flemingandcurti.com/tag/stepped-up-basis/

District of Columbia

Separate and Shared Marriage Property | LegalMatch Law Library

Jan 31, 2013 . When getting a separation or divorce, it is common to divide the property either through a mutual agreement or a court proceeding. Present .
http://www.legalmatch.com/law-library/article/separate-and-shared-marriage-property.html

Iowa

Wisconsin Community Property Law - Common Law Marriage ...

Wisconsin is essentially a community property state. California is a community property state. Wisconsin differs - time cannot form a common law marriage or .
http://www.stillingsbuchinger.com/WisconsinCommunityPropertyLaw.shtml

Kansas

Joint Revocable Trusts, Community Property Trusts in Common-Law ...

Alaska Community Property Trusts in Common Law Property States . to the trust and that is acquired by the surviving spouse, either directly or indirectly.
http://shaftellaw.com/article15.html

Montana

Community Property: What is mine? What is yours?

Your estate and Louisiana Law . Property acquired with community property or with community and separate property when the value of the separate property .
http://www.lsba.org/PublicResources/BrochureDetails.asp?Brochure=2&Menu=PR

Oklahoma

The Common Law and Civil Law Traditions - Berkeley Law

Most nations today follow one of two major legal traditions: common law or civil law. . and political power comparable to that of Western European nation-states. . Court and paved the way for the state's modern community property laws, was  .
http://www.law.berkeley.edu/library/robbins/CommonLawCivilLawTraditions.html

Pennsylvania verbal exchange between the couple expressing intent and agreement to be married
Rhode Island

Who Owns What in Marital Property? - FindLaw - Family Law ...

Who owns what property in a marriage, after divorce, or after a spouse's death depends on whether the couple lives in a common law property state or a community. . Most states are common law property states. So, what does it mean to live .
http://family.findlaw.com/marriage/what-s-mine-is-mine-what-s-yours-is-mine-who-owns-what-in.html

South Carolina couple intends for others to believe the couple is married
Texas

Community Property Planning Techniques For Professionals In Non ...

Sep 15, 2008. Techniques For Professionals In Non-Community Property States . character of property brought into a common law state, or acquired in the .
http://www.wealthstrategiesjournal.com/articles/2008/09/community-property-planning-te-3.html

Utah

What is Community Property? - Wills & Estate Planning - About.com

While the laws in community property states vary, community property . it's titled (unless it's acquired by gift or inheritance), and all debts are incurred equally.
http://wills.about.com/od/howtoavoidprobate/a/communityprop.htm

See also the discussion of common law marriage on the home web site and on the common law marriage california web site.

 

 
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Wills, Trusts & Estates Prof Blog: Community Property v. Common Law

Apr 10, 2011 . This article compares the rules in community property states and common law states about what the testamentary power of the first spouse to .
http://lawprofessors.typepad.com/trusts_estates_prof/2011/04/community-property-v-common-law.html


California Land Title Association : Common Ways of Holding Title

Because real property is among the most valuable of assets, the question of how parties take . Note: Under current law, California recognizes same sex relationships that are legally performed or entered into in other states and other countries. . Community property is distinguished from separate property, which is property .
http://www.clta.org/for-consumers/consumer-holdingtitle.html


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