Friday, December 17, 2010
Marriage and property rights
Property rights in a marriage laws vary in different countries, but States break down into two basic categories: those laws on the grounds of the community and those who don't have to do. These state laws affect how spouses can use or dispose of assets while marriage and, if divided is where, spouse, divorce, or when one spouse dies. All States allow spouses to change the laws of the State on property law to a certain extent in the way of an agreement between the spouses. Marriage is either property types, the spouses during the marriage or illegitimate. In the States of the community were often called property law, the community of property and property outside of marriage is called separate property. Marriage and community property is the property to keep together; the spouses illegitimate or separate property is one of you has a single property. Not Matrimoniaux property can become property law if it is mixed with property law. For example, if partners used money into a savings account, it had to pay a portion of a payment for a House before the marriage and marital numbers on the money earned during the marriage completely is likely in home equity home both spouses or community property.Community otherwise community property States (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin), money that earn property of the community is both spouses during the marriage. Whatever it is that the man with the property of the community bought is property of the community. So for example if the spouses everyone buy a car in his or her own behalf with money of each WINS, two cars are owned by community. If the partya divorce, property of the community is usually divided. When he dies, all Community goods is in General to the other spouse without a will, except when the deceased was a desire to give her half of the community property to someone else. Between men and women owe usually debt community property of spouses are States. May also own assets as community of property not mix it with spouses. Include separate property property premarital and kept apart, inheritances and gifts of the third parties.Common LawStates are not property of the Community countries are invited in the common law rule. In these countries there are names is the title of the property. If the spouses have cars in unique names, these cars are their separately. If a woman is, has. When a ship in two names, man and woman have a half interest. If the spouses in these States divorce, share the courts in the common property enough (but not necessarily) between the parties and give the person who holds the title of the property. If one of the spouses dies that spouses can leave generally each property in his name to anyone but the other spouse often apart the spouse is entitled under law.Tenancy, EntiretyTenancy died by all Government property is a form of property only for married couples available and is often used to own real estate. This form of lease of each spouse has an undivided half interest in the property and no spouse can give to sell or is his interest in the property of another without the consent of the other spouse. Rental of the enscheint include a right of survivorship, which means that if one spouse diet the other the entire property automatically, without wills or approval. If the parties, may sell the property together or to share permit an order of the Court of Justice, your interest for asset contracts property.Prenuptial and agreement all States make private divorce spouses on the Division of the property, but details what agreements may vary according to the State. Spouses can the amount of child support are numbers never, and some States do not allow not Lam, to limit the spouses. You can make in general agreements on the property. The courts are more likely to force a prenuptial agreement (a fact before marriage) shall a postnuptial agreement (a fact after marriage). It is that married persons have legal rights to property law and it is more difficult for you to give up these rights for a single person, who has still not legal to give up human future rights. Marriage and such agreements are usually only applied if the parties equal bargaining power, and there is full financial disclosure between the parties.
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