Community Property States

Question: Anyone know the rules for common law marriage in France? I am asking for a american friend who is with a french girl, they have lived in spain and had a child PACS is like common law in france http://www.frenchentree.com/french-law/DisplayArticle.asp?id=33847

Answer: There is no such thing as "common law" in France, it is not a common law jurisdiction. Even in other common law jurisdictions like England, common law marriage was scrapped centuries ago. The law there no longer recognises long relationships at all. If you want the benefits of marriage you must get married. The couple you described would simply be regarded in France as an unmarried couple with a baby. Edit, PACS is effectively what some other jurisdictions label a "civil parternship", being in effect a marriage. The only difference is that other European countries only make this available for same-sex couples, whereas France makes it available for everyone. Without a marriage or a PACS, this couple is simply boyfriend/girlriend, with no legal ties to each other beyond their responsibilities to their child. PACS is absolutely nothing like common law.

Question: Common Law Annulment Rules? I got married common law because we needed government help and we couldnt get it unless we were married. Unfortunately, we were told (after we got married) that we couldn't receive assistance. We do want to get married, but in 10 years. We feel like we got married for a stupid reason and our marriage feels like a nuisance. We are living with each other, and plan to stay with each other for the rest of our lives. How do i go about annulling our common law marriage? Do we need divorce lawyers? Thanx.

Answer: The answer is tricky bc it depends on the state you live in. Most states that even recognize common law marriages won't really "divorce" you and bc most states don't even recognize it it gets even hazier. Best thing to do is to contact a divorce lawyer in your state and see what the rules are. If you are in a different state then where you got...shoot I don't even no what the term is, but for the sake of this question I'll call it "marriage"...you'll need to contact lawyers in both states since rules apply differently. If you intend to go with an annulment, you might be in good shape and little may have to be done bc (as stated earlier) most states don't recognize common law (outside of tax purposes and even then it's the federal gov't that cares).

Question: "The rule against past consideration is an imposition of common law". Discuss?

Answer: A promise cannot be based upon consideration that was provided before the promise was made. For example, if X promises to reward Y for an act that Y had already performed, the performance of that act, while good consideration for the promise to be rewarded for it, is past consideration and therefore not good consideration. In Eastwood v Kenyon, the guardian of a young girl raised a loan to educate the girl and to improve her marriage prospects. After her marriage, her husband promised to pay off the loan. It was held that the guardian could not enforce the promise as taking out the loan to raise and educate the girl was past consideration, because it was completed before the husband promised to repay it. Furthermore, where a contract exists between two parties and one party, subsequent to formation, promises to confer an additional benefit on the other party to the contract, that promise is not binding because the promisee's consideration, which is his entry into the original contract, had already been completed (or "used") at the time the next promise is made. In Roscorla v Thomas, Roscorla and Thomas contracted to buy a horse for £30. After the sale, Thomas promised Roscorla that the horse was sound; the horse turned out to be vicious. It was held that Roscorla could not enforce the promise, as the consideration given for entering into the contract to buy the horse had been completed by the time the promise was made; in a sense, the consideration was "used up". The rule that past consideration is not good consideration is subject to the exception discussed by the Privy Council in Pau On v Lau Yiu Long. In that case, their Lordships held that past consideration can be good consideration where: The promisee performed the original act at the request of the promisor; It was clearly understood or implied between the parties that the promisee would be rewarded for the performance of the act; The actual promise made, if made before the promisee provided the consideration, must be capable of being enforced, in other words giving rise to a legally binding contract.

Question: What do you think of Sharia Law in Britain? I was reading in the Washington Post today that law makers in Britain were seriously considering it. That is, they might allow it to be the rule of law for British Muslims. Everyone else will be ruled by "common law" but the muslims will have a different set of laws. What do you think of that. Frankly, it scares me just to think of it, but I dont live there, so I guess its not my problem. What say you?

Answer: I've checked my calendar and it's not April Fools Day, but that sounds like a hoax article. I have never ever heard that anyone is seriously advocating that Sharia law could be introduced here in the UK, although no doubt some of the extremist elements of the Muslim community desire it. Such people are not representative of the views of the vast majority of Muslims however. Even if they were, it is difficult to see how the wider population would allow one law for one group vs another law for the majority. I will check the net to see what sources the Washington Post is quoting but I very much doubt they are ones that are representative or influential in terms of our political agenda. There is as much chance of Sharia law being enshrined in UK as there is in the US. It's just scaremongering.

Question: List the four most common rules of law for determining a defendant's sanity.? Do these rules deviate from your own personal definitions? What would you add or remove from this list?

Answer: There are actually several tests for determining insanity. Wikipedia has a nice, short section about them. I haven't thought about it enough to have a personal opinion. Generally, you go over the different tests in your criminal law class in your first year of law school. I believe the MPC (substantial capacity test) is supposed to be an ideal.

Question: What could i use as a picture to represent common law? For personal business and law class we have to define words write a sentence and show a picture that represents the vocab word the word is common law which means: a set of laws made by the courts which provide a series of consistent rules that later courts must follow anyone have any ideas what i could use as a picture? if you can help, thank you SO much!!!

Answer: Hoe about a pic of a gavel coming down

Question: The rules and custums of what other part of society was often the basis that common law grew out of? What other part of society was often the basis that common law grew out of?

Answer: Divorce laws.

Question: Did the supreme court rule that law must be able to be understood by the common person? I briefly heard on a radio talk show discussing recent supreme court decisions (Today, May 17, 2010), something about how law must be written in a nature necessary that the average person that must abide by it can understand it. Essentially, that the law as written can not be written in such a complex fashion that a person seeking to know the law (as we all must) is unable to understand it. A few google searches later and I've found nothing on that. Is there a recent case on this? If not, is there ANY case on this matter? Are there any rulings that deal with whether or not a law is too complex for the common person to understand it? Any answers would be appreciated. Thanks!

Answer: That's correct. A law is unconstitutional, and therefore void, if it is so vague that an ordinary person would be unable to understand what conduct is prohibited. But, there is a difference between "complex," and "vague." A law that is complex, but understandable if one were to take the time to read it, is not void. The doctrine is actually called, "void for vagueness," and there have been many Supreme Court cases addressing the issue. You can read a synopsis of the major cases at this web page: http://supreme.justia.com/constitution/amendment-14/54-void-for-vagueness-doctrine.html

Question: I am resident in a non-community property state. If my husband passed away, am I liable to his credit debt and his car loan? Can creditors go after his life insurance money?

Answer: It depends if you were a co-borrower or co-owner on the card (cards) he had. If the cards and loans were in just his name you are not liable for 1 red cent. I know.

Question: In a community property state, is it legal for a Fed Court to force a divorce if U R not responsible 4 a debt? Inocent spouse responsibility?

Answer: If one person requests the divorce, the court is going to grant it. As far as the debt goes, as long as it happened during the marriage, you're both 50% responsible for paying it.

Question: In a community property state (TX), if I start a new business as a "sole proprietor", is my wife an owner?

Answer: She is intitled to half ownership.

Question: In CA, how does a married couple change the title to "community" property" instead of "joint tenancy." I read that too many married people in CA are holding title as "joint tenancy" basically because that's the easiest way for real estate agents, mortgage brokers, and title companies, etc. It's bee suggested that title be changed to "community property" How do you do that? Isn't the fact that My wife and I live in a community property state enough? Further, I'm told that holding title as "Joint Tenancy" will allow a 50% stepped up basis upon my death when the property transfers to my wife. I've never heard of hold title as "community property." I don't even know how the title is held.

Answer: The manner of holding title is NEVER chosen by title companies, brokers or escrow. Joint tenancy was traditionally the easiest way for a couple to pass the property to the survivor outside of probate...however, your info is flawed in one respect, and that it that a joint tenant's basis in the property remains the same as the deceased joint tenant's, without step-up. Today, in an appreciating market, the 50% stepped-up basis for property held as community property becomes important ONLY to those couples who have more than $500,000 (the current exemption) in gain on their personal residence. Title is changed by the couple executing a Grant Deed or Quitclaim Deed covering the property from themselves as joint tenants, to themselves as community property, and having it recorded in the County in which the property is located.

Question: In a community property state if a spouse buys real estate in their corptations name is it community property?

Answer: Yes, the corporation is community property as well.

Question: Is Alaska a community property state? My friend has a rocky marriage, on and off and her ex-husband wants to remarry, sell the house in california and move to Alaska. Does Alaska have the same community property rights as California? (He is a bit of a player)

Answer: Yes it is a community property state. No, it does not define community property the same way that California does. Also, for divorce, Alaska uses "equitable distribution". Alaska does consider the disparity of socio-economic status between the spouses when figuring a divorce settlement. Alaska does not automatically make property bought during the marriage a "Tenancy by the Entirety". However, anything purchased with income earned DURING the marriage is subject to distribution upon divorce. Gifts are excluded from this. Also, in Alaska a joint bank account is NOT truly a Joint Tenancy.

Question: Married filing seperately community property state? one spouse earns 100,000 other spouse earns 50,000. do you evenly seperate the income or do they claim their own income. If you evenly seperate how do you do it when the w2 is in one person name

Answer: VB is right. You do a Community Property Split. However, the Married Filing Separate tax bracket is the worst. It is not the same as Single Filer. See a tax pro to discuss your options.

Question: Pre-nup to offset community property state law? I just found out I live in a community property state. In essence I found out that my intention of keeping all our finances separate by not having any kind of joint accounts, nor applying for joint credit or joint loans/mortgages, will not matter, as property and debt incur after the date of marriage will automatically belong to both parties 50/50, regardless of whether the debts and properties are only in one person's name, and this includes our incomes as well! In the other 41 states properties and debts incured under just one name belong to that person only, even after the date of marriage. I want to have the same playing field as people on the other 41 states, will a prenup essentially stating our desire to retain sole responsibility for debts under one name, and ownership of properties under one name, be an adequate equalizer to these retarded common property states' provisions? Married people in other states that do not hold joint accounts dont have to carry the spouse burden This is Louisiana. Moving doesn't seem like a practical option, our jobs are here and at least mine is not portable (Air Force Reserves). As to the disadvantage, it is absolutely a disavantage, my fiance has poor credit and substantial debt, I can't guarantee her habits won't take the best of her and she runs up the debt after we're married. If I did something as trivial as move to the next state, and kept our financial assets and debts NON-JOINT as planned, this wouldn't be an issue at all, like said 41 states. But because of the triviality of living within a political boundary I'm getting screwed out of the ability of doing something sensible (keep finances and hence financial burdens, separate) without reverting to prenuptual agreements that might suggest I don't care about marrying her for the right reasons. But I would pursue it if it meant I could regain what people in the other 41 states have, mind you without going through the stigma of a prenup.

Answer: what state is this? you might want to move if this is to your disadvantage.

Question: Married outside Community Property State? The state I live in is Louisiana, and it is a community property state. What happens if you get married in another state just to avoid these laws, then go back to the CP state to avoid these laws, is this possible?

Answer: Everything you buy and own are considered community property in the state you reside in. It doesn't matter where you get married.

Question: In a community property state,what will be the division of property if a spouse is not contributing half of hi

Answer: half of eveyhing during the marrage

Question: We live in a non-community state, but he own property in a community state. Am I responsible for the debt? My husband and I live in (and were married in) a non-community property state but he owns a house in another state that is a community property state. My name is not on the title or the loans for any of the houses that he owns. If the house in the community property state goes into foreclosure can the bank come after me for the debt? I have read that for community property states it does NOT matter if I signed the paperwork. Anything my husband owes can become my debt as well. Does anyone know if this can legally occur if we do not live that that state and reside in a non-community property state.

Answer: If you did not sign, then no, they cannot come after you for the debt. If you DID sign - just the deed of trust then they usually can. You should call the title company that closed him and ask them for the paperwork if you can get it. Good Luck

Question: In a community property state, does a wife have a legal right to see a husband's corporate tax return?

Answer: Not if it's incorporated with out you in the corporation.