Legal principle whereby a husband and wife own property accumulated by joint efforts equally, regardless of who has title.
Ownership of property by husband and wife in equal shares. The eight states that have community property laws are Arizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas, and Washington. Wisconsin has marital property laws that are similar to community property laws.
A method for defining the ownership of property acquired during marriage.
Form of ownership for assets accumulated by a married couple and belonging to them jointly.
Property accumulated and owned in common through joint efforts of husband and wife during their marriage. Hawaii is not a community property state.
Any property acquired during marriage with the earnings of either spouse.
Property shared by a husband and wife, each having a half-interest in the earnings of the other.
The property owned jointly by a married couple. Community property laws hold that any property acquired through labor or earning of either spouse (but not through gift or inheritance) belongs to both of them equally.
A form of property ownership for property that is acquired by a husband and wife during marriage, while living in a community property state. The community property is owned equally by both spouses. The nine community property states are as follows: Arizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas, Washington, and Wisconsin.
Refers to property which is acquired during a marriage. Each spouse has equal rights to the property which was obtained during the marriage.
Any property that a married couple has acquired during their marriage. In certain states it is divided equally between them in the event of a divorce.
commonly owned property in a marriage.Community property is usually acquired either by the husband or the wife, or by both in tandem during the term of the marriage.
property acquired during marriage in which each spouse is deemed by law to own 50%; only a few states recognize community property
A form of ownership in some Western and Southwestern states where property acquired during a marriage is presumed to be owned jointly unless acquired separately by either spouse.
Real or personal property that is owned in common by a husband and wife. Either spouse has management and control of the community property. Generally speaking, all income earned during marriage and all property acquired from those earnings during marriage are community property. Property acquired by gift or inheritance is not community property but "separate property." Spouses can by written agreement change the character of property from separate to community and vice versa. Separate property may also become community property if it is commingled with community assets.
A concept of ownership for property acquired after marriage, under which property is considered to belong in equal shares to a husband and wife. The concept is followed only in so-called “community property states.
A form of joint ownership wherein all property acquired by the effort of either or both spouses during marriage while they are domiciled in a community property state is automatically owned equally by both spouses.
Property accumulated through joint efforts of husband and wife and owned by them in equal shares. Husband and wife must agree to all real estate transactions involving community property. Also, a way of holding legal title.
Some states treat property in a marriage as owned equally by both spouses, even if titled in only one spouse's name. Therefore property distribution rules are different concerning the percentage the surviving spouse and others will receive. If you have ever resided in a community property state, you should consult the local rules; however, couples can agree ahead of time as to the distribution of property and need to file appropriate legal documents in support of the agreement. Also, property acquired in a community property state may maintain its community property status even if the couple moves to a noncommunity property state.
Property accumulated through joint efforts of husband and wife, or by either one, during their marriage and owned in common.
Property owned equally by a husband and wife. This classification of property is only used in certain states.
Assets held by spouses in a community property state which are attributable to earnings by either spouse during the marriage; each spouse holds a half ownership and income right in such community property.
Property owned in common by, and acquired by joint effort of, a husband and wife, which was not acquired as separate property.
Property acquired during a marriage by either a husband or wife, or both, which is not separate property.
The property owned jointly by married persons, in which the husband and the wife, or registered domestic partners, each has an undivided one-half interest. (California is a community property jurisdiction.)
Community property refers to property of a husband and wife that is acquired during the marriage and is deemed to be community property as prescribed in A.R.S. section 25-211. It is property owned in common by husband and wife, each having an undivided one-half interest by reason of their marital status. There are nine community property states, including Arizona.
Several states follow a system of marital property ownership called "community property." The specifics of how property in a community property state is defined may vary according to that particular state. In general, all property acquired after marriage and before permanent separation is considered to belong to both spouses equally, except for gifts to and inheritances by a spouse. Also, income from community property is community property income. The eight states with such laws are known as community property states. These eight states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas and Washington. Puerto Rico also uses the community property system. Additionally, Wisconsin has a modified community property system.
Property owned jointly by a husband and wife which is not separate property.
Property and income jointly belonging to a married couple. Each have equal rights to the assets. A legal relationship created by operation of state law.
Method by which a married couple owns property in some states whereby each spouse owns a one-half interest. Upon the death of one spouse, the survivor's half remains with the survivor, and the deceased's half becomes part of their probate estate.
Property which is equally owned by two parties, typically a married couple. This means that assets acquired during marriage are owned jointly and equally regardless of whose name appears on it. p 133
California is a community property state in that all property acquired between husband and wife or registered domestic partners becomes property of the community estate. Code of Civil Procedure §695.020 provides that Community property is subject to the enforcement of a money judgment. The judgment collector can apply for a court order under Code of Civil Procedure §706.109 to garnish the wages of the debtors spouse to collect a judgment. Another judgment collection technique is to levy on the bank account of a debtors spouse. Code of Civil Procedure §700.160 provides the judgment collector with the authority to do so.
Community property is everything that a husband and wife OWN TOGETHER. In most cases, community property is all property acquired during the marriage and is deemed to be owned equally by wife and husband. It includes money and wages earned during marriage, and anything purchased with that money.
Community property is everything that a husband and wife own together. In a community property state, the husband and wife jointly own all money earned by either one of them during the marriage. It does not matter if only one spouse works - the money is deemed to be owned by both, as community property. In addition, all property acquired during the marriage with "community" money is deemed to be owned equally by both the wife and husband, regardless of who purchased it. Community property is the rule of law followed in the following states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
Community Property is the rule of law followed in the following states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In most cases, community property is all property acquired during the marriage. Community Property is considered to be owned equally by the wife and husband. It includes money and wages earned during marriage, and anything purchased with that money. In a community property state will, a spouse may only give away their half interest in any community property. The other half automatically goes to the surviving spouse. Any separate property may be fully given to anyone though a will.
In many states, any property acquired by either spouse during a marriage; the ownership is considered equal between the spouses.
The property you and your spouse acquired during your marriage. (See Separate Property). This includes wages, pensions and other benefits from employment during your marriage.
In some states property acquired by the efforts of either husband or wife forms a common fund in which each has an equal interest.
In New Mexico, all property acquired by spouses during marriage is owned in common by the spouses, unless the property qualifies as separate property under New Mexico law.
Property acquired during marriage in which both husband and wife have an undivided one-half interest. Not more than one half of community property can be disposed of by will. There are currently nine community property states: Arizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas, Washington, and Wisconsin. Puerto Rico also has a community property law.
In some areas, property which has been acquired by a married couple considered to be divided equally unless otherwise stated.
Property owned in common by a husband and wife, with each having an undivided one-half interest in the property by reason of their marital status. For example, the earnings of one spouse during the marriage do not solely belong to that spouse; the earnings are community property.
Assets jointly owned by a husband and wife by the fact of their marriage. In states that have community property laws, both spouses are generally considered by law to equally share all property either has acquired during the marriage, but not before the marriage.
A form of ownership under which property acquired during a marriage is presumed to be owned jointly unless acquired as separate property of either spouse. Texas is a community property state.
Property owned in common by a husband and wife, which was not acquired as separate property. A classification of property peculiar to certain states. Texas is a community property state.
Possessions, real estate, and profits that spouses (husband and wife) acquire during marriage, excluding gifts and inheritances, are considered community property. In the event of divorce, community property is divided equally between spouses.
Only applicable in community property states; this consists of all property acquired by either spouse during the term of marriage. For example, during marriage the wages of either spouse would be considered community property.
Property acquired by a husband and wife during the course of their marriage from the earnings or efforts of either spouse while living in a community property jurisdiction, except property received by inheritance or gift. Some Community Property states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas and Washington, and Wisconsin.
Property acquired during a marriage by husband and wife. Each spouse has equal rights to the property.
Property acquired by a husband and wife while married and not separated, except property acquired by gift, will or inheritance and certain other items specified by statute. Any other property owned by a husband or wife is separate property.
Applicable in certain U.S. states, property and obligations acquired by a husband or wife or both, during a marriage, is consequently owned by, and the responsibility of, both.
All property acquired by a husband and wife during their marriage. Each spouse has a right to an equal interest in the property. Gifts and inheritances received by an individual spouse during the marriage are treated as separate property. Property acquired by the spouse prior to marriage, property acquired with separate property or rents or profits generated from separate property are treated as separate property. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are community property states.
Property owned “in common” (both persons owning it all) by a husband and wife that is acquired while residing in a community property state.
Property acquired by a couple during their marriage. Refers to the system in some states for dividing the couple's property in a divorce or upon the death of one spouse. In this system, everything a husband and wife acquire once they are married is owned equally (fifty-fifty) by both of them, regardless of who provided the money to purchase the asset or whose name the asset is held in.
Assets a husband and wife acquire by joint effort during marriage if they live in one of the eight community property states. (Wisconsin also has a similar law, but does not use the term "community property.") Each spouse owns half of the assets in the event of divorce or death.
A form of ownership under which property acquired during a marriage is presumed to be owned jointly unless acquired as separate property of either spouse. Each state may have different laws concerning ownership.
In some states, property acquired during a marriage is presumed to be owned jointly (i.e. community property) unless acquired as separate property of either spouse.
This is a principle of law in California where all income and assets obtained during marriage are automatically divided into two halfs: one for the husband, and one for the wife.
A form of ownership between a husband and wife, available only in certain states. Laws vary from state to state, but the basic rule is that all property earned or acquired by either spouse during marriage (except for gifts or inheritances received by either spouse as his or her separate property) is treated as owned one-half by each spouse. Each spouse has the right to dispose of his or her one-half of the community property by Will, subject to applicable probate requirements. Even though only the deceased spouse's one-half is subject to estate tax, both halves will receive a step-up in basis for federal income tax purposes.
Property accumulated through the joint efforts of husband and wife. One way that title can be held.
Property considered to belong in equal shares to a husband and wife. This concept of ownership for property acquired after marriage is followed in Arizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas, Washington, and Wisconsin.
() In some western and southwestern states, a form of ownership under which property acquired during a marriage is presumed to be owned jointly unless acquired as separate property of either spouse.
A special ownership form requiring that one-half of all property earned by a husband or wife during marriage belongs to each. Community property laws do not generally apply to property acquired by gift, by will, or by descent.
A form of ownership in some western and southwestern states in which property acquired during a marriage is presumed to be owned jointly unless acquired as separate property of either spouse.
In some states, particularly the southwest, property acquired by a married couple during their marriage is considered to be owned jointly, with the exception of special circumstances.
Community property is generally all property, real or personal, wherever located, acquired by a married person during marriage while domiciled in California, except as otherwise provided by statute. This definition is a general statement of the basic rule that all property acquired during marriage is community property, unless it is a spouse’s separate property, or the spouses agree to the contrary. On a spouse’s death, one-half of the community property belongs to the surviving spouse and one-half belongs to the decedent. Each spouse has the power to dispose of his or her half at death by a will or a trust.
In some states, especially the southwest, property acquired by a married couple during their marriage is considered to be owned jointly, except under special circumstances. This is an outgrowth of the Spanish and Mexican heritage of the area.
Property: (1) that you, your spouse, or both acquire during your marriage while you are domiciled in a community property state; (2) that you and your spouse agreed to convert from separate to community property; and (3) that cannot be identified as separate property. If you are married and your permanent home is in a community property state, half of any income described by state law as community income may be considered yours.
Both real and personal property accumulated by a husband and wife after marriage through joint efforts of both living together.
In some states, property acquired during a marriage is considered jointly owned or community property, unless it is acquired as separate property of either spouse prior to the marriage.
Jointly owned property (such as property belonging to a married couple during their marriage, as is the case in some states).
Real or personal property that is owned in common by husband and wife as a kind of marital partnership. Either spouse has management and control of the community real and personal property; however, both spouses must join in a transfer of ownership or lease for more than one year of community real property or a gift of community personal property. All property acquired during marriage from earnings, and the earnings themselves, are community property. Property acquired by gift or inheritance is separate property, not community property.
A system of property ownership based on the theory that each spouse has an equal interest in property acquired by the efforts of either spouse during marriage.
Property acquired during marriage in which both husband and wife have an undivided one-half interest. Not more than half of the property can be disposed of by a decedent's will or trust. Applicable in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin and Alaska (if elected).
State laws vary, but generally all property acquired during a marriage - excluding property one spouse receives from a will, inheritance, or gift - is considered community property, and each partner is entitled to one half. This includes debt accumulated. There are currently nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
Property owned jointly by a husband and wife in a marital partnership.
In community property states (CA, LA, TX, WI, ID, AZ, NV, NM, WA), all property of husband and wife acquired after the marriage is presumed to belong to both, regardless of how it is titled.
In certain states, such as California, an equal, undivided ownership of property by two individuals who are legally married.
Something that a husband and wife both own. When you are married, if you buy something with money you earned by working, it is community property. Each person owns half.
In many jurisdictions, any property which has been acquired by a married couple. The ownership of the property is considered equal unless stipulated otherwise by both parties.
in law, possessions held jointly by a married couple. Except for inheritances or gifts to either spouse, all property acquired by the husband or wife during the marriage is usually considered community property. This includes money, real estate, household furnishings, investment securities, automobiles, and other types of consumer goods that people have accumulated together. Property owned prior to the marriage and any income from such property remains separate and apart. Contractual agreements may also be made by the couple to allow them to maintain individual property. In the past, marital property laws were biased in favor of the husband, who usually held title to the couple's major assets. In English common law, wives were unable to hold and dispose of property until about 1850, when various statutes were passed to protect the rights of married women. At present the concept of community property is recognized under the laws of many states in the United States. In those states it is used to determine the division of possessions when a marriage ends in separation or divorce. Its purpose is to provide fair and equitable treatment for both parties.
Property that is acquired by married couples in community property states and that is treated as owned equally by both husband and wife.
Where properties acquired after marriage become divisible by two between spouses.
Property owned jointly by husband and wife in a community property state such as California that was acquired during marriage from earnings or investments made with earnings, or which was explicitly transmuted from separate property to community property by a written document.
Along with joint tenancy and tenancy-in-common, community property is a way that married couples may take title to real property. Community property offers two major advantages over joint tenancy and tenancy-in-common. First, community property ownership allows spouses to transfer interests, by Will or otherwise, to whomever they wish. The second advantage of holding title to a home in community property is that the surviving spouse gets favorable tax treatment. The market value of the entire house as of the spouse's date of death (such market value is also called the house's "stepped-up basis") is used rather than the house's original cost, which reduces the taxable profit (assuming that the home has appreciated in value) when the house is sold.
Real or personal property that is owned in common by husband and wife as a kind of marital partnership. Either spouse has management and control of the community real and personal property; however, both spouses must join in a transfer of ownership of community real property or lease of that property for more than one year. All property acquired during marriage from earnings, and the earnings themselves, are community property. Property acquired by gift or inheritance is not community property. Spouses can by written agreement change the character of property from separate to community and vice versa.
All property acquired by either spouse during marriage and owned equally, except that received by gift, devise or descent.
Property acquired by husband or wife or both during marriage other than by gift, or as an heir, legatee, or devisee.
Property acquired by husband and wife, or either, during marriage, when not acquired as the separate property of either.
A form of property ownership in which husband and wife have an equal interest in property acquired by either spouse during the time of their marriage. Community property does not include property that each spouse owned prior to marriage or property received by gift or inheritance or as the proceeds of separate property.
Property owned by either or both spouses that is considered under State law to be owned equally by both spouses. Generally, community property is all property acquired during marriage by either spouse except property received by inheritance or gift. There are nine community property States: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
All property held in the name of either the husband, wife, or both. This presumption is valid unless evidence indicates otherwise. See: Resources
Property acquired by husband, wife or both during marriage which gives each spouse an interest in the property whether each appears in title or not.
Community-property states (currently Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) provide that a husband and wife each own a one-half interest in the other's assets and earnings during the course of the marriage. States that are not community-property states provide for separate property rights during the course of the marriage. In most community-property states, the only separate property is that which is owned exclusively by one of the spouses prior to the marriage and never commingled with community property and assets received by gift or inherited at any time.
A system governing spousal ownership of property and income that is the law in certain western and southern states and Wisconsin. The differences between community property and "common law" can change how federal tax law applies to spouses. For example: married taxpayers filing separately in a common law state do not have to report income earned by the other spouse. They do have to report income earned in a community property state.
Property owned by a husband and wife in a community property state such as Washington. This type of property is considered belonging one-half to the husband and one-half to the wife.
Property accumulated through the joint efforts of husband and wife. It is a classification of property peculiar to certain states.
Property acquired by husband and/or wife during a marriage when not acquired as the separate property of either spouse.
A rule of property division which divides equally all property acquired during the term of the marriage, without regard to whose name it is held. Inheritances and gifts are excluded in some jurisdictions. Return to List
Property acquired by husband and wife after marriage. Both parties have equal rights to the property. Similar to Joint Tenancy, used mainly in Southwest, USA.
Property that belongs equally to husband and wife. This concept of ownership is followed in Arizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas, Washington and Wisconsin.
Ten states (Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) use some form of the community property system to determine the interest of a husband and wife in property acquired during marriage.
Property acquired by the husband and wife during a marriage when not acquired as separate property by either spouse. Each spouse has equal rights, including the rights of survivorship.
This refers to assets a husband and wife acquire jointly during marriage if they live in one of the eight community property states, including California, Texas, Nevada and Arizona. Each spouse owns half of the assets in the event of divorce or death.
a type of ownership for married couples
All property acquired by the joint efforts of a husband and wife during their marriage.
property acquired and jointly owned by husband and wife in which each has equal Interest.
A category of property, existing in some states, in which all property (except property specifically acquired by husband or wife as separate property) acquired by a husband and wife, or either, during marriage, is owned in common by the husband and wife.
The principle that property accumulated by the joint efforts of a married couple should be considered to be owned by both of them in equal shares, no matter who has legal title to the property.
Property owned in common by a husband and wife, which was not acquired as separate property. A classification of property peculiar to certain states. In community property states, assets may be owned in part by a spouse even if their name does not appear on the title.
Marital property as defined by state law under which spouses own equal interests in property acquired during a marriage. This does not include property brought to the marriage or acquired by gift or inheritance. Currently there are nine community property states: Arizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas, Washington, and Wisconsin.
The property belonging to married people that was not owned either by the husband or the wife at the time of marriage and was not acquired either by husband or wife during marriage by inheritance, will or gift. It includes all property that is earned or gained by either spouse during marriage. Upon the death of one spouse the surviving spouse takes one half of the net property, and the heirs of the deceased spouse takes the other half, in this respect is similar to tenancy in common.
Property and income that is accumulated by a husband or wife, or jointly as a couple, during a marriage; as a consequence, they are owned in common by both.
Property owned in common by spouses as a kind of marital partnership. Defined by statute in eight states where the community system of property is recognized.
In some states (California, Nevada, Louisiana, Wisconsin, Texas, Arizona, Washington, Idaho and New Mexico) a form of ownership under which property acquired during a marriage is presumed to be owned jointly unless acquired in such manner as to legally be considered as separate property of either spouse.
Property that is accumulated through the joint efforts of a husband and wife, typically each spouse owning 50%. Community property is assumed when a husband and wife buy property unless otherwise stated in the deed.
In some Western and Southwestern states, the law specifies that property acquired during a marriage is presumed to be owned jointly by the husband and wife unless acquired as separate property of one spouse or the other.
A classification of property peculiar to certain states and referring to property accumulated through the efforts of both husband and wife.
In some western and southwestern states, a form of ownership under which property accumulated through joint efforts of husband and wife is presumed to be owned equally by them unless acquired as separate property of either spouse.
Possessions, real estate and profits that a husband and wife receive during the marriage, excluding gifts and inheritances. Upon divorce, community property is distributed equally. This legal concept is recognized in the states of Arizona, California, New Mexico, Idaho, Nevada, Texas and Washington.
A special ownership for married couples under laws of community property. Not all states have community property laws. Each has ual rights to any appreciation or income derived from those assets.
A form of property ownership peculiar only to certain states, under which property acquired during a marriage is presumed owned jointly. Property acquired prior to the marriage or obtained by gift or inheritance while married is owned separately.
The process by which property of a private owner is taken for a public use, without his consent, but upon the award and payment of just compensation, being in the nature of a forced sale and condemner stands toward owner as buyer toward seller.
Refers to assets or a method of ownership. Generally, it means that each spouse owns a 50 percent interest in an account. Upon the death of one spouse, the survivor claims his or her ownership of one-half of the asset. The other half will pass in accordance to a will or to law. Each state has different laws and interpretations.
classification in certain states of property owned jointly by a husband and wife.
Common or statutory law which holds that husband and wife are each entitled to 1/2 of the total earnings and the property of both parties to the marriage. It is applicable in Arizona, California, Idaho, Hawaii, Louisiana, Nevada, New Mexico, Oklahoma, Texas and Washington state.
The joint ownership of assets of a married couple.
Property acquired after marriage by either the husband or wife unless acquired in such manner as to be legally considered as separate property of either spouse.
Community property is a marital property regime that originated in civil law jurisdictions, and is now also found in some common law jurisdictions.