OCT Main Consumer Information Title Insurance How to Take Title (Community Property) Sunday May 11th 2008
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Community Property

Parties
Only husband and wife.

Division
Ownership and managerial interests are equal, except control of business is solely with managing spouse.

Title
Title is in the "community".

Possession
Both co-owners have equal management and control with similar absolute power of disposition.

Conveyance
A spouse may not make a gift of or dispose of community personal property without valuable consideration and written consent of the other spouse; "Necessaries" (furniture, furnishings, or fittings of the home, or the clothing or wearing apparel of the other spouse or minor children) may not be disposed of without the written consent of the other spouse.

Purchaser's status
Purchaser can only acquire whole title of community, cannot acquire a part of it.

Death
On co-owner's death, 1/2 belongs to survivor as separate property. 1/2 goes by will to decedent's devisees or by succession to survivor.

Successor's Status
If passing by will, tenancy in common between devisees and survivor results.

Creditor's Status
Community property is general liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has management and control of the property or which spouse is party to the debt. Earnings of married person during marriage are not liable for pre-marital debt of other spouse if earnings from which debt is paid remains uncomingled with other community property and held in account where other spouse does not have access; community not liable for debts incurred subsequent to separation. Earnings of a spouse are not liable for the debts of the other spouse contracted before the marriage.

Presumption
Generally, all real property in this state and all personal property wherever situated acquired during marriage by a married person while domiciled in this state is community property. Presumption does not apply to property acquired before marriage by gift, bequest, devise or descent.


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