0
What rights do you have regarding your mother's property in the event of her death if she married to you stepfather in a community property state?
Wiki User
∙ 14y ago
The rights you have to your mother's property depend on her will and a few other factors. The term "Community Property" does not mean that your stepfather is automatically entitled to all her property. That is a common misconception. The term comes from Spanish Law and has to do with income after marriage. You are in a state that has both Spanish Law and Common Law governing property as a ruling by the United States Supreme Court recently demonstrated. Other than clarify that common misconception, that is all I can tell you. You could ask your mother about her will.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
Are farm crops community property?
If You are married in a community property state yes
If married in Zimbabwe in 1993 was it in community or out of community of property?
out
What is the opposite of community property state?
Property own prior married
In a community property state is property inherited after marriage considered community property?
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.
From what countries did the principles of United States real estate law originate?
Real estate law in the United States generally has as its source English common law with some exceptions. The law in Louisiana is derived from the Napoleonic Code, which was based on Roman law. Some states follow community property laws regarding real estate owned by people who are married. Community property laws are of Spanish origin.Real estate law in the United States generally has as its source English common law with some exceptions. The law in Louisiana is derived from the Napoleonic Code, which was based on Roman law. Some states follow community property laws regarding real estate owned by people who are married. Community property laws are of Spanish origin.Real estate law in the United States generally has as its source English common law with some exceptions. The law in Louisiana is derived from the Napoleonic Code, which was based on Roman law. Some states follow community property laws regarding real estate owned by people who are married. Community property laws are of Spanish origin.Real estate law in the United States generally has as its source English common law with some exceptions. The law in Louisiana is derived from the Napoleonic Code, which was based on Roman law. Some states follow community property laws regarding real estate owned by people who are married. Community property laws are of Spanish origin.
How long does a couple need to be married for property to be considered community property?
You do not necessarily have to be married to own jointly owned property and even when an individual is married for 60 years he could still keep property separate from his spouse. Property is considered jointly owned if you purchased it together (each contributing), your name is on the property, or in some situations when you are married and you have substantially contributed to the property. If your spouse has kept the property separate by keeping it in his name, only putting his money into it then it will be considered separate.
Can a house be considered community property, if there is only one Name on the mortgage?
If you are married in a community property state, then yes, it is a community property. The mortgage is irrelevant - it is whose name on the deed that determines ownership.
What kind of estate is community property considered?
An estate is all the property a person owns both real and personal. Community property is property acquired by married people in certain states (called community property states). It can be acquired in one parties name or both but if acquired during the marriage it becomes community property that will be divided evenly in the case of a divorce.An estate is all the property a person owns both real and personal. Community property is property acquired by married people in certain states (called community property states). It can be acquired in one parties name or both but if acquired during the marriage it becomes community property that will be divided evenly in the case of a divorce.An estate is all the property a person owns both real and personal. Community property is property acquired by married people in certain states (called community property states). It can be acquired in one parties name or both but if acquired during the marriage it becomes community property that will be divided evenly in the case of a divorce.An estate is all the property a person owns both real and personal. Community property is property acquired by married people in certain states (called community property states). It can be acquired in one parties name or both but if acquired during the marriage it becomes community property that will be divided evenly in the case of a divorce.
When a couple are not married and one owns a home does this home become community property?
That will depend on the laws in that jurisdiction. Some have rights in property regardless of whether it is community property or not.
Is joint property and community property mean the same in New Jersey?
No. Joint property means that the owners hold title by survivorship. If one dies their interest automatically passes to the surviving owner(s). You do not need to be married to own property jointly with another.New Jersey is not a community property state. In community property states all property acquired during a marriage is community property even if title is in only one name.No. Joint property means that the owners hold title by survivorship. If one dies their interest automatically passes to the surviving owner(s). You do not need to be married to own property jointly with another.New Jersey is not a community property state. In community property states all property acquired during a marriage is community property even if title is in only one name.No. Joint property means that the owners hold title by survivorship. If one dies their interest automatically passes to the surviving owner(s). You do not need to be married to own property jointly with another.New Jersey is not a community property state. In community property states all property acquired during a marriage is community property even if title is in only one name.No. Joint property means that the owners hold title by survivorship. If one dies their interest automatically passes to the surviving owner(s). You do not need to be married to own property jointly with another.New Jersey is not a community property state. In community property states all property acquired during a marriage is community property even if title is in only one name.
When the deed is in her name can it be assumed it's her sole property?
Generally, yes. However, if you live are married and live in a community property state your spouse may have rights in property. If that is the case, you need to consult with an attorney who is familiar with community property law in your state. In a separate property state, a married person can own property in their own name.
Do you have to be married in order to share the benefits of a community property state?
No, a palimony suit can be filed.AnswerYes. You must be married to benefit from the legal provisions of a community property state which apply to couples who are legally married. In the case of a couple who was not married, the party who wants to take a share of the property must bring a suit in court. Palimony suits are expensive and difficult to win and the outcome does not necessarily follow a community property scheme. Palimony suits are more useful as a negotiating tool to gain some property from the relationship.
