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Simple English definitions for legal terms
common-law-property state
Read a random definition: N.B.
A quick definition of common-law-property state:
A common-law-property state is a state that has not adopted a community-property regime. This means that in a common-law state, a spouse's interest in property held by the other spouse does not become official until a divorce action has been filed or the other spouse has passed away. This is different from a community-property state where both spouses have equal ownership of all property acquired during the marriage.
A more thorough explanation:
Definition: A common-law-property state is a state that has not adopted a community-property regime. In a common-law state, a spouse's interest in property held by the other spouse does not vest until a divorce action has been filed or the other spouse has died.
Example: Texas is a common-law-property state. This means that if a couple gets divorced, the property is divided based on who legally owns it. If one spouse owned a house before the marriage, it is considered separate property and belongs to that spouse. However, if the couple bought a house together during the marriage, it is considered community property and is divided equally between the spouses.
Explanation: The example illustrates the definition by showing how property is divided in a common-law-property state like Texas. The state does not have a community-property regime, so property is divided based on legal ownership rather than being split equally between spouses. This means that if one spouse owned property before the marriage, they will keep it after the divorce, while property acquired during the marriage will be divided based on legal ownership.