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Community property (United States) also called community of property (South Africa) is a marital property regime whereby property acquired during a marriage is considered to be owned by both spouses and subject to division between them in the event of divorce. Conversely, property owned by one spouse before the marriage, along with gifts and inheritances they receive during marriage, are treated as that spouse's separate property in the event of divorce. In some cases, separate property can be "transmuted" into community property, or be included in the marital estate for reasons of equity. Community property can also be relevant in probate law, during the disposition of a will.
The concept of community property originated in civil law jurisdictions but is now also found in some common law jurisdictions. Community property regimes can be found in countries around the world including Sweden,[1] Germany,[2] Italy,[3] France,[4] South Africa[5] and parts of the United States.[6] In civil law countries such as Spain, France and Germany, spouses can generally select one of several matrimonial regimes to divide property, with community property being one option, along with the separate property system and a participation system.[7][8][9]
- ^ Morley, Jeremy. "Marrying a Swede? Or Swedish and Getting Married? Don't You Need a Prenuptial Agreement?".
- ^ "Is there a statutory matrimonial property regime and if so, what does it provide? - Couples in Germany". www.coupleseurope.eu.
- ^ "Is there a statutory matrimonial property regime and if so, what does it provide? - Couples in Italy". www.coupleseurope.eu.
- ^ "Is there a statutory matrimonial property regime and if so, what does it provide? - Couples in France". www.coupleseurope.eu.
- ^ "Marriage in Community of property - Family law".
- ^ "Marital Property: Who Owns What?". Findlaw.
- ^ Gerhard, Ute (1997). Frauen in der Geschichte des Rechts von der frühen Neuzeit bis zur Gegenwart (in German). München. ISBN 978-3-406-42866-1. OCLC 243866547.
{{cite book}}: CS1 maint: location missing publisher (link) - ^ Ramos Pazos, René (2007). Derecho de Familia. Santiago: Editorial Jurídica de Chile. pp. 158–160.
- ^ Tous, P., and Éric Fongaro. Droit international privé patrimonial de la famille. LexisNexis, 2017.