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community property :: legal definition


Community property - n. property and profits received by a husband and wife during the marriage, with the exception of inheritances, specific gifts to one of the spouses, and property and profits clearly traceable to property owned before marriage, all of which is separate property. Community property is a concept which began in Spain to protect rich women from losing everything to profligate husbands, and is only officially recognized in some states which were once under or influenced by Spanish or Mexican control, including California, Arizona, New Mexico, Texas, Nevada, Idaho, Washington and Louisiana. Community property recognizes the equal contribution of both parties to the marriage even though one or the other may earn more income through employment. By agreement or action the married couple can turn (transmute) separate property into community property, including by commingling community and separate funds in one account. Community property is recognized based on fact or agreement of the parties, rather than holding of title. The state courts have wavered on what constitutes proof of community property, including the issue of whether joint tenancy is evidence of community property or not. Upon divorce community property is divided equally without regard to fault. Upon the death of one spouse all the community property goes to the other except in Texas surviving children get one half and in obvious sexual discrimination Nevada and New Mexico allow the husband to will a half to someone other than his wife.

See also: descent descent and distribution separate property and Related Law Terms ↓


Related Law Terms

abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
addendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently.
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers.
adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
arm's length :: adj. the description of an agreement made by two p ... th" transaction. See also: contract
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove.
bigamy :: n. the condition of having two wives or two husban ... d to several husbands is polyandry.
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1
civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title."
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporation :: n. an organization formed with state governmental ... ation public corporation securities
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights
disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
domicile :: n. the place where a person has his/her permanent ... where its headquarters is located.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent
ex rel. :: conj. abbreviation for Latin ex relatione, meaning ... . Archie Johnson v. Hardy Products.
extreme cruelty :: n. an archaic requirement to show infliction of ph ... ring the suffering spouse (victim).
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will
incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses.
incompatibility :: n. the state of a marriage in which the spouses no ... mpatible irreconcilable differences
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test.
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust
marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities.
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction
operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18.
out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement
partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner
patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes.
prenuptial agreement :: n. also called an antenuptial agreement, a written ... been "taken" by a previous spouse.
promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
quasi community property :: n. in community property states, property acquired ... : community property palimony quasi
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property
receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally.
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft
separate property :: n. in community property states (California, Texas ... pouse. See also: community property
separation :: n. married persons living apart, either informally ... gal separation separation agreement
separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation
severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract
share :: n. 1) a portion of a benefit from a trust, estate, ... n issue of the corporation's stock.
shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication
sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage
subordination :: n. allowing a debt or claim which has priority to ... . See also: subordination agreement
subordination agreement :: n. a written contract in which a lender who has se ... ty records. See also: subordination
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
title search :: n. the examination of county records for the prope ... e escrow lien title title insurance
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
will :: n. a written document which leaves the estate of t ... will and testament probate testator

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - C

C.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial.
call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned.
calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation
cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again.
cancellation :: cancel ... cancel
caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States.
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note.
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will.
capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account
capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity.
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
capital investment :: capital expenditure ... capital expenditure
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock
capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets.