Anyone KNOW about community property?

[Alpo]

Here in Florida we don't have it, so I just hear about it, on tv, in movies.

 

There was a movie called SUSAN SLEPT HERE. Mark and Susan go to Vegas and get married. Later somebody makes the comment that California is a community property state, so the apartment they are in is half hers.

 

In an episode of Las Vegas Samantha is married to Casey who's a billionaire. And she has long believed that half of everything he has is hers, even though they are separated. And her lawyer tells her that they were married in Hawaii, which is not a community property state, so she was entitled to half of what they had in Hawaii - which was a microwave oven and a bean bag chair.

 

The first example makes it sound like they're living in a community property state so they have community property, even though they were not married in a community property state.

 

The second example shows that since they were not married in a community property state, they do not have community property.

 

So I'm just curious how it works.

 

I work my butt off, and acquire several million dollars, and decide to move to California for some idiotic reason, and meet a girl in Texas and we get married and immediately continue on to California, and once we cross the border she owns half of my several million dollars? Or because we were married in Texas, the fact that we are now living in California is irrelevant?

 

I don't have several million dollars, I don't plan on getting remarried, and I certainly don't plan on moving to California.

 

I'm just curious how it works. Does anybody know? KNOW - not guess.

[Duffield, SASS #23454]

No matter where you live the only way that you are going to get a fair shake in a divorce is to have a sex change operation so that the judge has to divide everything between two women.

Read the book, seen the movie, got the t-shirt.

The judge gave her all the assets and gave me all the obligations - a fifty-fifty split.

[Forty Rod SASS 3935]

Sounds like she got the elevator and you got the shaft.  Thank Jerry Reed for that comparison.

[Red Gauntlet , SASS 60619]

I've been a lawyer in a community property state for 50 years. 

 

I can speak in generalities. Property acquired, money earned, by the labors  of a spouse, while married, in a community property state is community property. Property acquired by gift or interitance is not community property.

 

The fact thay you were married in a community property state but moved to another state has nothing to do with it. It's where you are when you earn the money that characterizes it.

 

Note: community property status is just one factor in the distribution of property in a divorce.

[Badlands Bob #61228]

Several years back, same sex marriage started becoming a thing.  One of the 1st states to recognize same sex marriage was Massachusetts.  Couples from all over were flocking to Massachusetts to get married.  Several years go by and some of these couples from Georgia wanted to get divorced.  Well, Georgia didn't recognize the same sex marriage and therefore didn't provide a way to get divorced.  Massachusetts required 6 months of residency before you could file for divorce there.   Whoops, no way to get divorced or separate community property.  Eventually, the Supreme Court made same sex marriage legal nationwide but it was a lot of fun to watch for a few years.

[Alpo]

1 hour ago, Red Gauntlet , SASS 60619 said:

The fact thay you were married in a community property state but moved to another state has nothing to do with it. It's where you are when you earn the money that characterizes it.

Okay. Generalities.

 

My first example. They got married in Las Vegas but they lived in Los Angeles, where he was a screenwriter. So he made his money in California - community property.

 

Second example. They got married in Hawaii. She lived in Las Vegas but he lived everywhere else - he traveled. So not community property.

 

 

[Red Gauntlet , SASS 60619]

I agree with that.

[Texas Maverick]

5 hours ago, Alpo said:

Here in Florida we don't have it, so I just hear about it, on tv, in movies.

 

There was a movie called SUSAN SLEPT HERE. Mark and Susan go to Vegas and get married. Later somebody makes the comment that California is a community property state, so the apartment they are in is half hers.

 

In an episode of Las Vegas Samantha is married to Casey who's a billionaire. And she has long believed that half of everything he has is hers, even though they are separated. And her lawyer tells her that they were married in Hawaii, which is not a community property state, so she was entitled to half of what they had in Hawaii - which was a microwave oven and a bean bag chair.

 

The first example makes it sound like they're living in a community property state so they have community property, even though they were not married in a community property state.

 

The second example shows that since they were not married in a community property state, they do not have community property.

 

So I'm just curious how it works.

 

I work my butt off, and acquire several million dollars, and decide to move to California for some idiotic reason, and meet a girl in Texas and we get married and immediately continue on to California, and once we cross the border she owns half of my several million dollars? Or because we were married in Texas, the fact that we are now living in California is irrelevant?

 

I don't have several million dollars, I don't plan on getting remarried, and I certainly don't plan on moving to California.

 

I'm just curious how it works. Does anybody know? KNOW - not guess.

So this is a scifi question?

 

TM

[Lone Spur Jake SASS #7728]

I understand all the above answers to your question.  But, this is the U.S. of today.  Don't matter what state your in, "What's hers is hers, and what's yours is hers".  Just look at what Costner is going through and what other rich guys go through in divorces.  And especially if you are not rich, you will still wind up giving it to her, or you'll give it to your lawyers and her lawyers.

[Sgt. C.J. Sabre, SASS #46770]

2 hours ago, Lone Spur Jake SASS #7728 said:

I understand all the above answers to your question.  But, this is the U.S. of today.  Don't matter what state your in, "What's hers is hers, and what's yours is hers".  Just look at what Costner is going through and what other rich guys go through in divorces.  And especially if you are not rich, you will still wind up giving it to her, or you'll give it to your lawyers and her lawyers.

I tend to listen to the Great Philosopher* when he said, "If she aint happy, you aint happy. And if she's aint happy long enough, you're going to be unhappy with half your stuff." 

 

 

*Jeff Foxworthy

[Muleshoe Bill SASS #67022]

Texas is a community property state. So ,  if you get married in Texas - the property bought ( inherited and or gifted is excluded at least in Texas :  other states may provide by statute other provisions.) since the marriage is community property. IF property owned by one spouse before marriage is considered, it is not community property. THOUGH under certain conditions, such as land value, if the land increases in value, AND the joining spouse pays into the mortgage on such land, then the value of the land AFTER the marriage is considered to be community property.

 

Now let me throw in a real wrinkle. along with community property, there is the situation of community debt. Alpo, I am not bagging on you or your queries of years, but there are few if any black and white answers to your questions posed over time.  The myriad  of legal jurisdictions and competent courts, mixed with state and federal laws makes for a quagmire of issues especially in divorce and probate. Let me give you a for instance.  A federal employee is divorced by a spouse - said spouse and the mate in question have been married for 18 months and not remarried by age 55, a federal statute (spouse equity act - (Public Law 98-615) was enacted on November 8, 1984) comes in to play. The divorcing spouse under federal law is entitled to the other spouse providing health insurance.  Additionally a federal employee's annuity may under certain conditions be open to garnishment as well. 

 

 

[Lone Spur Jake SASS #7728]

Was told by a family member that in certain states, believe CA. is one of them, that let's say the wife, while the two are still married, gets an inheritance in her name only, and if they get divorced, all that money is hers, UNLESS, that while they were married she didn't co-mingle any of the inheritance money.

Like none of the money was ever in an account with both there names on it.  Or she didn't use any of the money for FAMILY stuff. 

Would be pretty weird situation for that to happen, but if it did, husband wouldn't get one penny of that money.

If anyone knows if this is true or not, please reply. 

[Red Gauntlet , SASS 60619]

I can only speak  to Washington, but I think it is true of other community property states.

 

Property received by gift or inheritance by a married individual (e.g. where I will my estate to a married daughter, or give her money or property before my death) is the separate property of the receiving spouse.

 

To retain its separate status, it should not be comingled with community funds, such as in joint family accounts. This might or might not destroy its separate nature, but certainly will seriously risk it. It should be strictly kept in an individual account. If separate real estate is refinanced with community credit, it will lose separate status, at least 'going forward'. Likewise if an existing mortgage is paid with community funds.

 

But this has nothing to do with spending. Spending the money on family stuff will  not affect the separate status of the rest. You can spend your money anyway you like.

 

This is very commonplace. As we get older, our parents die. I inherit something from my folks; it's my separate property.  My wife inherits from her folks, it's her separate property. We can freely spend money on each other from those funds without changing their separate nature.

 

Of course, the foregoing is general information, not legal advice to anybody!

[John Kloehr]

A little knowledge of it. One aspect is property acquired prior to marriage. This also belongs to the individuals as long as the funds are not commingled..

 

Consider if I own my home with no mortgage. It is worth $400,000. I get married. Spouse is not and was never added to the title. 10 years later, I divorce...

 

The home is now worth $750,000. A lawyer may lay claim to the appreciation in the shared home as community property. The appreciation occurred after marriage, and cohabitation establishes co-mingling of the appreciation. Not sure how a judge would rule, but have seen the threat of this specific litigation used in settlement negotiations.

 

IANAL, and I prefer to stay at Embassy Suites.

[Red Gauntlet , SASS 60619]

There is a distinction between what is community property, and how property, including community property, is divided in a divorce.

 

These are not necessarily the same thing.

[Lone Spur Jake SASS #7728]

Thanks Red, appreciate your info on "using money for family stuff".

[watab kid]

"...The judge gave her all the assets and gave me all the obligations - a fifty-fifty split....."

 

pretty much how ot worked out for me as well , 

[Alpo]

He doesn't make much money

Only 5,000 per

Some judge who thinks he's funny

Said "you'll give six to her"

 

And he says "judge, what if I fail?"

The judge says "budge, right into jail

You better keep her

You'll find it's cheaper

Than making whoopee."