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Spousal Property Rights


Marital Property and Community Property

Last Updated August 5, 2008
There are two ways that property is divided following divorce. The majority of states follow the equitable distribution theory, and a few states follow the community property theory for distribution of marital assets. Under the equitable distribution theory, the court will fairly divide marital property between the parties. Under the community property theory, marital property is divided equally regardless of which party contributed the asset to the marriage.
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Spousal Property Rights - Selected State Laws

AlaskaAlaska Statutes Chapter 13.41 - Uniform Disposition Of Community Property Rights At Death
Alaska Statutes Chapter 34.77 - Community Property Act
ArizonaArizona Laws > Title 25 > Chapter 2 - Husband And Wife, Property And Contract Rights
CaliforniaCalifornia Family Code > Division 4 > Part 2 - Characterization Of Marital Property
California Family Code > Division 4 > Part 3 - Liability Of Marital Property
California Family Code > Division 4 > Part 4 - Management And Control Of Marital Property
California Family Code > Division 7 - Division Of Property
California Probate Code > Division 2 > Part 1 - Effect Of Death Of Married Person On Community And Quasi-Community Property
California Probate Code > Division 2 > Part 2 - Surviving Spouse's Right In California Real Property Of Nondomiciliary Decedent
California Probate Code > Division 4 > Part 6 - Management Or Disposition Of Community Property Where Spouse Lacks Legal Capacity
DelawareDelaware Code Title 13 > Chapter 3 - Husband And Wife; Contracts And Property Rights
FloridaFlorida Statutes > Chapter 708 - Married Women\'S Property
HawaiiHawaii Revised Statutes Chapter 510 - Community Property
IdahoIdaho Code Title 15 > Chapter 2 > Part 2 - Succession Of Quasi-Community Property -- Elective Share Of Surviving Spouse
Idaho Code Title 15 > Chapter 6 > Part 4 - Community Property Right Of Survivorship
Idaho Code Title 32 > Chapter 9 - Husband And Wife -- Separate And Community Property
LouisianaLouisiana Revised Statutes > Title 9 > Chapter 1 - Partition Of Community Property
Louisiana Civil Code > Book IV > Title III - Marital Property
MichiganMichigan Laws > Chapter 557 - Property of Husband and Wife
Michigan Laws > Chapter 558 - Estates in Dower
MontanaMontana Code Title 72 > Chapter 9 - Disposition Of Community Property Rights At Death
NevadaNevada Revised Statutes > Chapter 123 - Rights of Husband and Wife
New HampshireNew Hampshire Revised Statutes > Chapter 460 - Husband And Wife
New MexicoNew Mexico Statutes Chapter 40 > Article 3 - Property Rights
New YorkNew York Laws > Estates, Powers &Trusts > Article 6 > Part 6 - Disposition Of Community Property Rights At Death
North CarolinaNorth Carolina General Statutes Chapter 30 - Surviving Spouses
North Carolina General Statutes > Chapter 31C - Uniform Disposition of Community Property Rights at Death Act
OhioOhio Code > Title 21 > Chapter 2106 - Rights Of Surviving Spouses
Ohio Code > Title 53 > Chapter 5305 - Dower
Rhode IslandRhode Island General Laws > Chapter 15-4. Married Women's Rights
South CarolinaSouth Carolina Code > Title 20 > Chapter 5 - Property Rights Of Married Women
TexasTexas Probate Code > Chapter VI > Part 5 - Administration of Community Property
Texas Probate Code > Chapter XI > Part 3 - Community Property With Right of Survivorship
Texas Probate Code 471 - Definitions
UtahUtah Code > Title 30 > Chapter 2 - Property Rights
VermontVermont Statutes > Title 15 > Chapter 3 - Rights of Married Women
VirginiaVirginia Code Title 55 > Chapter 3 - Property Rights of Married Women
Virginia Code Title 64.1 > Chapter 9 - Uniform Disposition of Community Property Rights at Death Act
West VirginiaWest Virginia Code > Chapter 48 > Article 3 - Property, Rights And Liabilities Of Married Women; Husband And Wife
West Virginia Code > Chapter 48 > Article 7 - Equitable Distribution Of Property
West Virginia Code > Chapter 48 > Article 29 - Property, Rights And Liabilities Of Married Women; Husband And Wife

 

Questions & Answers: Spousal Property Rights

my husband has a will that leaves our home to his children, if he dies before me, does the will stand that they inherit the home, leaving me homeless?...
When I get married, will my bad credit show up on my spouse's report?...
Is there a minimum percentage of a company 401k that I need to make my wife a beneficiary for? Are retirement plan assets considered "community property" or are they exempt? Thank...
If a spouse dies leaving nothing to her husband -- no money and no furniture, dishes, household items, etc. -- can her children from her first marriage take things from the house (...
Trying to get a definition for "furnishings" re ca code...
In divorce is goodwill in a dental practice Available to the spouse...
 
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