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Common Property State in the United States: What are the property systems of American couples?

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In the United States, there are different laws in various states to stipulate The property right between husband and wife There are two main types: Common property system and Fair allocation system Essence

The common property system refers to the salary, the items purchased by either of the couple after marriage, or the income obtained by investment or other methods, and they are all shared by both parties.

The state that adopts the common property system of both husband and wife is called ” Common property state“( Community Property State.

The opposite of the common property state is Fairly allocated state(( EquitableDistribution), The property of the husband and wife is not jointly owned by the default.The property of the husband and wife may be regarded as the “independent property” or “marriage property” that is regarded as their own.

In this article, let’s introduce the common property state in the United States in detail.

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What is the “common property” system?

“Community Property” refers to all the property obtained by the husband and wife during the marriage, no matter which party is obtained.

In other words, if you live in a common property state and married, then the income you earn after marriage, the items purchased, and even the property obtained through investment or other channels will be regarded asproperty.

This means that no matter which party is earned or purchased, both the couple will have ownership of them.

In the common property state, the property rights of the husband and wife are considered to be exactly equal.

That is to say, regardless of the spouse obtained by the property, or the spouse of the property is mainly controlled by the property, each party has 50%of the ownership of the property.

It should be noted that only the property obtained during the marriage is considered a common property.

This means that the property before marriage, through inheritance or the property obtained, and the property stipulated by the divorce agreement or the law are usually regarded as their own unique property, not common property.

What are the “public property states” in the United States?

The common property state in the United States mainly includes the following Nine states These states have implemented a common property system.

  • Arizona (Arizona)
  • California (California)
  • Idaho (Idaho)
  • Louisiana (Louisiana)
  • Nevada (Nevada)
  • New Mexico (New Mexico)
  • Texas
  • Washington
  • Wisconsin

In addition, although Alaska is not a common property state, couples can choose to treat their property as common property.

It should be noted that each state’s specific provisions of the common property system may be different, such as which property is considered a common property.

What impact does the common property system affect the family?

The property management of the husband and wife of the common property, and the property distribution at the time of divorce basically follows “Common” the rules.

The property obtained by the husband and wife during the marriage is regarded as common property.

This means that regardless of the source of income, both husband and wife have equal rights for such property.

If one party wants to sell, gifts, or discipline common property in other ways, it usually needs to be consent from the other party.

If both husband and wife divorce, The division of property when divorce is usually followed by according to 50%-50% The ratio of the proportion, that is, each party has the right to obtain half of the common property.

But this does not mean that each property will be divided into two, but the overall value needs to be allocated.

If the husband and wife died, half of the family property will directly belong to another spouse.The party who died can only be given to the other half of the property.

In addition, if the husband and wife have equity in a company and these equity are obtained during the marriage period, then these equity may be regarded as “common property”.

If the company needs to sign an equity transfer agreement, the spouse of the equity partner may need to know and agree with this.So spouse as a spouse Conset spouse It also needs to be signed on the equity transfer agreement.

Tips:“Consenting Spouse” refers to the spouse agreed to sign, which is a professional term that is usually used during property rights or decision-making.For example, in the common property state, one spouse may need the consent of another spouse to conduct certain types of property transactions, such as selling houses or other large assets.

What is the difference between common property state and fair allocation state?

In the fair allocation of state, the property of the husband and wife is not jointly owned by the default.

In the case of divorce or the death of one party, the distribution of property will not simply follow the ratio of 50-50, but according to Court judgment Perform “fairness” allocation.

“Fairness” does not always mean “equality”.The court will consider various factors, such as their respective income, health status, contribution, and future economic needs.

Common property states are favorable and disadvantaged with fair allocation states.

The advantages of common property state lies in its clarification and predictability EssenceBoth husband and wife already know that the property obtained during the marriage is commonly owned, and when the divorce or the death of one party, the property will be allocated.

This system can protect a spouse without income or lower income.The disadvantage is that any decision on property may require both husband and wife to reach an agreement.

and The advantage of fair allocation of state is its flexibility and fairness EssenceThe court can consider various factors to determine the results of a fair property distribution.

The main points of this article

Different states in the United States Common property after marriage There are different laws and regulations.

mainly divided: Common property state As well as Fairly allocated state Essence

Common Property State stipulates that all the property obtained by the couple during marriage is considered Common property This means that both husband and wife have ownership of these property.

There are nine main property states: Texas As well as California As well as Arizona As well as Washington State As well as the state of Wisconsin As well as New Mexico As well as Nevada As well as Louisiana As well as Edahe Essence

Although Alaska is not a common property state, both husband and wife can choose to treat their property as common property.

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