!-- Google Tag Manager (noscript) -->

Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

common-law state

Read a random definition: idiota inquirendo

A quick definition of common-law state:

A common-law 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:

A common-law state is a state that has not adopted a community-property regime. This means that 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. In contrast, a community-property state recognizes that both spouses have equal ownership of all property acquired during the marriage.

For example, California is a community-property state, while New York is a common-law state. In California, if a couple divorces, all community property is divided equally between the spouses. In New York, however, the court will divide marital property based on what is fair and equitable, taking into account factors such as each spouse's income and contributions to the marriage.

Another example of a common-law state is Texas. In Texas, if one spouse owns a house before the marriage and continues to make mortgage payments during the marriage, the house remains that spouse's separate property. However, if the other spouse contributes to the mortgage payments or helps with repairs or improvements, they may be entitled to a portion of the house's value in a divorce.

common-law specialty | common-law wife

Warning

Info

General

General chat about the legal profession.
main_chatroom
๐Ÿ‘ Chat vibe: 0 ๐Ÿ‘Ž
Help us make LSD better!
Tell us what's important to you
LSD+ is ad-free, with DMs, discounts, case briefs & more.