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The Community Property System

Present Community property states give each spouse equal control over the property.

F. Comparison With the Common Law
1.
None of the eight states uses the concepts of dower, curtesy, or tenancy by the entirety.
Tenancies in common and joint tenancies are recognized as separate property, but cannot be simultaneously held as community property.

G. Death Community property is considered to be owned by each spouse in equal halves. As a result, each spouse has the power to devise half the property. If there is no will, some states grant the property to the surviving spouses; others pass the property onto the decedent’s heirs. Divorce Some states evenly divide the property upon divorce. Others require the courts to make an equitable distribution. Conflict of Laws Rule
Property acquires its character at the time of procurement.
Personal Property is classified in accordance with the law of the couple’s domicile at the time of acquisition.
Real Estate is always classified in accordance with the laws of the state where it is situated.

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