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- #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- HAWAII - Does not apply (repealed in 1955); however, at death if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- MICHIGAN - Does not apply repealed in (1950).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.