Ownership and distribution of benefits in community property states
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Ownership and distribution of benefits in community property states

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Published by WSBA in [Seattle, Wash.] .
Written in English


  • Equitable distribution of marital property -- United States -- States.,
  • Community property -- United States -- States.

Book details:

Edition Notes

Statementprogram chair, Kenneth W. Weber ; faculty, John R. Bolt ... [et al.] ; sponsored by the Continuing Legal Education Committee and Family Law Section of the Washington State Bar Association.
ContributionsWeber, Kenneth W., 1936-, Bolt, John R., Washington State Bar Association. Family Law Section., Washington State Bar Association. Continuing Legal Education Committee.
The Physical Object
Pagination1 v. (various pagings) ;
ID Numbers
Open LibraryOL14534938M

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This is a very different model than that of non-community property states, which are sometimes referred to as “common law property states.” Instead of a simple division of marital property, the other 41 states use a legal principle called “equitable distribution” to assign assets to each spouse in a : Becca Christman. Community Property. The holdings and resources owned in common by a Husband and Wife.. Community Property Law concerns the distribution of property acquired by a couple during marriage in the event of the end of the marriage, whether by Divorce or death of one of the parties. In community property states all property accumulated by a husband and wife during .   Common Law Property: A system used by most states to determine ownership of property acquired during marriage. In contrast to the community property system, the common law property system states. Community owned assets or organisations are those that are owned and controlled through some representative mechanism that allows a community to influence their operation or use and to enjoy the benefits arising.. Benefits of ownership in infrastructure projects such as dams and irrigation are claimed to include increased responsiveness to needs of that community and the .

Benefits of a community-owned utility Citizen-owners elect our governing board, City Council. Utility decisions are made here in Colorado Springs, not by the Public Utilities Commission in Denver or at an out-of-state corporate headquarters. Equitable distribution states divide property based on a determination of what’s fair under the circumstances of each case. To find out more about the difference between equitable distribution states and community property states, see the article “Property Division by State.” Marital Property Versus Separate PropertyAuthor: Joseph Pandolfi. This ownership is recognized between married couples in nine states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In Alaska, married couples can elect to have some or all of their property treated as community property by stating so in a written contract.   Many community property states offer an interest called “community property with the right of survivorship.” Under this doctrine, if a couple holds title or deed to a piece of property (usually a home), then upon a spouse’s death the title passes automatically to the surviving spouse and avoids probate court proceedings.

- The descent of community property when there is no will varies from state to state. - Each spouse owns one half of community property. - Some states in community property, in the absence of a will that specifies another disposition of the property, surviving spouse succeeds to the decedent's share of the community property. “Equitable distribution” refers to the way that spouses in Florida divide their property and debts in a divorce. While some states have community property rules requiring an exactly equal division of marital property and debts, most states require only an “equitable” or fair division. Florida law requires an equitable division but also Author: Kristina Otterstrom. The United States Supreme Court ruled that because of that express exclusion, which represents a clear intent of Congress to exclude a spouse from ownership of the benefits, for the spouse to have such a community property interest would conflict with federal law and thus the community property laws did not apply and the widow had no interest.   All of the property acquired by a couple during marriage is considered marital property and thus subject to division during the divorce process. Some states (not including Ohio) recognize "community property," in which all property is jointly marital property laws follow the majority of states in dividing marital property through equitable distribution.