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COM-PROP.TUT
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#help.tut Extra help for tutorials
#define.stb On line legal dictionary
COMMUNITY PROPERTY LIST:
"Community property" systems provide that whatever is accumulated
during a marriage subject to that system is evenly divided among
the spouses. The original justification for this is hazy, but,
in the past Courts hae noted that this allows a spouse who is
not working, but nevertheless contributing to the marriage by
staying home gets a "fair share." Most but not all community
property states also have a rule that property received by gift
or inheritance is not community property, but, property of the
spouse receiving the gift or legacy. In a few states community
rights can be waived by special proceedings as to certain
property. Please seek counsel for more details.
ALASKA - does not apply as to Alaska property; but, if spouses
lived in community property state then this is divided equally at
death.
ARIZONA - applies.
ARKANSAS - does not apply.
CALIFORNIA - applies.
COLORADO - does not apply as to Colorado property, but if spouses
lived in community property state then this is divided equally at
death.
CONNECTICUT - does not apply.
DELAWARE - does not apply.
DISTRICT OF COLUMBIA - does not apply.
FLORIDA - does not apply, although property as divorce is to be
"equitably distributed." (Very similar to community property).
GEORGIA - does not apply.
HAWAII - Does not apply (repealed in 1955); however, at death if
parties lived in community property state that property will be
so divided.
IDAHO - Community property applies; however, as to real estate,
in certain circumstances deeds can provide that the property will
be individually held.
ILLINOIS - Does not apply.
INDIANA - Does not apply.
IOWA - Does not apply.
KANSAS - Does not apply.
KENTUCKY - Does not apply; however, if the married couple lived
in a community property state, that property will be so divided
at death.
LOUISIANA - Generally applies with some exceptions.
MAINE - Does not apply.
MARYLAND - Does not apply.
MASSACHUSETTS - Does not apply.
MICHIGAN - Does not apply repealed in (1950).
MINNESOTA - Does not apply.
MISSISSIPPI - Does not apply.
MISSOURI - Does not apply.
MONTANA - Does not apply.
NEBRASKA - Does not apply.
NEVADA - Community property applies.
NEW HAMPSHIRE - Does not apply.
NEW MEXICO - Community property applies.
NEW YORK - Does not apply.
NORTH CAROLINA - Does not apply; however, if married couple has
property acquired in community property state, at death, half is
transferred to other spouse.
NORTH DAKOTA - Does not apply.
OHIO - Does not apply.
OKLAHOMA - Does not apply (repealed in 1952).
OREGON - Does not apply (repealed in 1950).
PENNSYLVANIA - Does not apply.
RHODE ISLAND - Does not apply.
SOUTH CAROLINA - Does not apply.
SOUTH DAKOTA - Does not apply.
TENNESSEE - Does not apply.
TEXAS - Applies.
UTAH - Does not apply.
VERMONT - Does not apply.
VIRGINIA - Does not apply.
WASHINGTON - Applies. Note that due to decisions of Washington
ecourts, "cohabitants" property is to be treated similarly to
married couples, subject to the Court's discretion.
WEST VIRGINIA - Does not apply.
WISCONSIN - Adopted community property in 1986.
WYOMING - Does not apply.