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Question about community property

Posted by ivamae (My Page) on
Tue, Aug 7, 07 at 10:33

Although I live in Canada, I am interested in the following.

1. Is florida a community property state? If so, is money received, personally, in an inheritance, included in that?

2. What happens in a second marriage? Is everything brought into the marriage included, or just what is obtained after the marriage.

thanks everyone

Follow-Up Postings:

RE: Question about community property

The following are community property states:
New Mexico

I live in WA state. Inheritances are separate property. If the recipent puts the inheritance into a joint account, then it would be come community property. But if they keep it in a separate account, then it stays separate.

In a second marriage, property owned prior to the marriage stays the separate property unless it's put into both names.
Everything the couple acquires during the marriage is community property regardless of who buys it.

RE: Question about community property

The courts, at least in Washington, look for ways to find something to be community property, not for ways not too. Cash is the easiest thing to keep separate. If you come into the marriage with a house for example, and the new spouse makes improvments to the house, pays the RE taxes or anything like that, it is likely to be treated as community property thereafter.

My son-in-law came into his marriage with a farm. He thinks it is his separate property, but my daughter works on the farm without pay and sells their produce at a local farmer's market. I think my son-in-law would be surprised to find that he has effectively comingled their assets.

RE: Question about community property

Thank you both for the info.

I appreciate it.


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