property and profits received by a husband and wife during the marriage, with the
exception of inheritances, specific gifts to one of the spouses, and property and
profits clearly traceable to property owned before marriage, all of which is separate
property. Community property is a concept which began in Spain to protect rich women
from losing everything to profligate husbands, and is only officially recognized
in some states which were once under or influenced by Spanish or Mexican control,
including California, Arizona, New Mexico, Texas, Nevada, Idaho, Washington and
Louisiana. Community property recognizes the equal contribution of both parties
to the marriage even though one or the other may earn more income through employment.
By agreement or action the married couple can turn (transmute) separate property
into community property, including by commingling community and separate funds in
one account. Community property is recognized based on fact or agreement of the
parties, rather than holding of title. The state courts have wavered on what constitutes
proof of community property, including the issue of whether joint tenancy is evidence
of community property or not. Upon divorce community property is divided equally
without regard to fault. Upon the death of one spouse all the community property
goes to the other except in Texas surviving children get one half and in obvious
sexual discrimination Nevada and New Mexico allow the husband to will a half to
someone other than his wife.
See also descent descent and distribution separate property
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