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California does not recognize common law marriage. Community property rights can only be acquired through a legal marriage. Community property rights are governed by state law.

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Q: What determines common law marriage and community property rights in the state of California?
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Related questions

If one partner in a marriage buys property without the other is it community property?

It is community property if you live in a community property state. COMMUNITY PROPERTY STATES • Arizona • California • Idaho • Louisiana • Nevada • New Mexico • Texas • Washington • Wisconsin


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.


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.


Does a British citizen living via Green Card status in California with US wife have community property rights to US citizen separate property in California and owned prior to marriage?

A British citizen living via Green Card status in California with a US wife has community property rights in California. Even if the property was owned by one of the partners before the marriage, once you are married in California the law says it belongs to both of you.


What does community property state mean?

The term community property state means that the community property in a marriage divided equally between the two parties when there is a divorce. This property usually does not include property owned before the marriage.


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.


If you owned your property prior to marriage will your ex be entitled to any part of it after a 6 month marriage?

No, community property refers only to that property that is gained during the marriage. However, if you use community property or income earned during the marriage to continue mortgage payments, to improve, etc, then a portion of it does become community property.


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.


If two individuals living in NY marry and then move to California which is a community property state can creditors go after the spouses for the amounts owed once in California?

Yes, If the debts were incurred outside a community property state during marriage, the collection can be enforced. All it takes is the signature of one of the spouses to 'bind the community'. Where the marriage occurred is not relevant, all states recognize legal marriages performed in other states. However, if the debt(s) belong to only one of the couple before the marriage then the community property laws would apply only to debts and/or property incurred in CA. There could be grounds for appeal regarding the enforcement of community property laws under these conditions.


What does non community property mean?

A non-community property state is a separate property state.A non-community property state is a separate property state.A non-community property state is a separate property state.A non-community property state is a separate property state.


Does California still recognize community property?

Yes. California is a community property state. COMMUNITY PROPERTY STATES • Arizona • California • Idaho • Louisiana • Nevada • New Mexico • Texas • Washington • Wisconsin Alaska is an opt-in community property state; property is separate property unless both parties agree to make it community property through a community property agreement or a community property trust.