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In a community property state is property inherited after marriage considered community property?
Wiki User
∙ 11y ago
Property acquired prior to marriage is separate property and remains separate unless the spouse is granted on title and contributes to the mortgage payments from community funds, then they acquire an interest in that separate property in proportion to their contributions. Paying insurance taxes, utilities is not considered a basis to make the property community.
Wiki User
∙ 16y ago
Wiki User
∙ 16y agoThe law of the state where the property is located will answer that.
Generally, real estate in a "community property" state, acquired during marriage, is community property regardless of where the couple was married.
A lawyer familiar with your particular situation and the laws of the states involved may have a better answer for this.
Wiki User
∙ 15y agoYes--unless the property was acquired in some other form (such as tenants in common) and both husband and wife approved that form in lieu of community property. The deed should read something like: Brad and Eufora Example, husband and wife, who are acquiring title as tenants in common and not as joint tenants with right of survivorship and not as community property. The buyers/grantees consent to the above conveyance as tenants in common and not as j.t.w.r.o.s and not as community property. (signatures)
Wiki User
∙ 11y agoInherited Property Received During Marriage is Considered Separate, not Community Property
In Most Community Property States, inherited property acquired after Marriage is not considered a Community Asset. Inherited Property is Separate Property of the Spouse receiving the Inheritance.
If Inherited money has been used as a Down payment on a House taken in joint names; or to Purchase another asset or even mixed with Community Funds in a Bank Account, it is possible to have that Separate Property Reimbursed at Divorce, provided it can be "traced." In other words, provided the owner of the Separate Property Inheritance can prove that the funds came from their inherited money.
Wiki User
∙ 12y agoIn a community property state property acquired during the marriage is considered community property. Inherited property is excluded. If you have questions regarding community property in your state you should consult an attorney in your jurisdiction.
In a community property state property acquired during the marriage is considered community property. Inherited property is excluded. If you have questions regarding community property in your state you should consult an attorney in your jurisdiction.
In a community property state property acquired during the marriage is considered community property. Inherited property is excluded. If you have questions regarding community property in your state you should consult an attorney in your jurisdiction.
In a community property state property acquired during the marriage is considered community property. Inherited property is excluded. If you have questions regarding community property in your state you should consult an attorney in your jurisdiction.
Wiki User
∙ 12y agoIn a community property state property acquired during the marriage is considered community property. Inherited property is excluded. If you have questions regarding community property in your state you should consult an attorney in your jurisdiction.
Wiki User
∙ 15y agoYess, you have the right to the property!!!
Wiki User
∙ 15y agoNo.
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What if you live in a community property state and on spouse owned property before the marriage if they divorce what are the spouses rights?
Property owned prior to marriage is not considered community property unless it was converted to community property by some action by the parties.Property owned prior to marriage is not considered community property unless it was converted to community property by some action by the parties.Property owned prior to marriage is not considered community property unless it was converted to community property by some action by the parties.Property owned prior to marriage is not considered community property unless it was converted to community property by some action by the parties.
Is it community property if the inherited property was not in a community property state?
Inherited property is not generally considered community property. However, if the property is located in another state, the property laws in that state govern. For example, California is a community property state. If the married couple from California inherited land in massachusetts, that land would not be held as community property since Massachusetts is a separate property state. If the California wife purchased property in her own right in massachusetts it would not become community property of the marriage. Massachusetts law would govern the ownership of the property.
Is community property or separate property better?
in massachuetts, is inherited property separate property or does ie revert to marital property upon marriage
Is inherited property in Tennessee considered marital property for both spouses?
No, what you inherit is yours and not part of the marriage.
If property is purchased in your husbands name only is it considered community property?
If the property was purchased during the marriage it is community property if you live in a community property state.
If property acquired after marriage in a community property state considered to be community property if a loan is taken against the property.?
Yes.Yes.Yes.Yes.
Is property acquired after a marriage considered community property in a non community property state such as Illinois?
In a community property state property purchased after marriage becomes the property of both parties.Community property rules govern in community property states. Property ownership is different in separate property statesand those rules allow a spouse to acquire separately owned property in some cases.
What is considered community property?
Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. The main areas of separate property are those items acquired before marriage, items received as a gift through a will or by inheritance, and those properties purchased with separate property funds.
Does inherited property in a marriage belong to both parties?
Generally no. In separate and community property states inherited property remains separate property as long as you take care to not co-mingle it with marital property. Don't use your spouse's money to renovate an inherited house. You should check with an attorney in your state who can review the situation and explain your options.
Your wife owns property in her own name. Can husband get half in a divorce?
Distribution of property in a divorce proceeding is different in community property and separate property states. The nature of the property and whether it was inherited or acquired prior to the marriage are factors may be considered. You need to consult with an attorney in your area who is familiar with the laws in your particular jurisdiction.
Is a husband entitled to his wife's property that she acquired prior to their marriage in Texas?
Generally, no. Texas is a community property state. Generally, any property acquired prior to marriage, and maintained as separate property during the marriage, is not considered community property. For more detailed advice you should consult with an attorney who specializes in divorce law.
Is Georgia a community property state?
Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. There are some defined areas that do not fall under community property: separate property acquired before marriage or during marriage using separate property funds, items acquired as a gift, in a will, or as inheritance, and the rents and profits received from separate property.
