Chapter 510

Community Property

CHAPTER 510

COMMUNITY PROPERTY

Part I. Community Property Acquired or Situated in the

State

Section

510-1 Renumbered

510-2 Transfers–husband to wife and wife to husband

510-3 Control of husband’s separate property

510-4 Control of wife’s separate property

510-5 Control of community property

510-6 Incapacity of spouse

510-7 Representation in legal proceedings

510-8 Property subject to obligations

510-9 Divorce; division of property

510-10 Death of husband or wife

510-11 Location of property affected

Part II. Uniform Disposition of Community Property

Rights at Death Act

510-21 Application

510-22 Rebuttable presumptions

510-23 Disposition upon death

510-24 Perfection of title of surviving spouse

510-25 Perfection of title of personal representative, heirs,

or devisee

510-26 Purchaser for value or lender

510-27 Creditor’s rights

510-28 Acts of married persons

510-29 Limitations on testamentary disposition

510-30 Short title

Note

By virtue of L 1945, c 273, the community property system was in effect in the State from 1945 to 1949. The system was abolished by L 1949, c 242. Community property established during 1945 to 1949 is governed by this chapter.

L 1949, c 242, §1, repealed §§1-4 of L 1945, c 273, but provided that established interests in property should not be divested. The repealed sections defined separate property and community property. Upheld as constitutional in classifying as community property the income from separate property held before marriage. 41 H. 578.

See L 1949, c 242, §2, providing that income of community property held when community dissolved by that act shall be held as community property.

Effect of repeal, see 198 F. Supp. 78, 87, aff’d 304 F.2d 149.

Payment of federal tax constituting a lien when community property law went into effect, held authorized use of community income while community estate continued. 41 H. 578, 588.

Prior to 1949, §510-1 provided that property acquired after the commencement of the community presumed to be community property. Applied in 41 H. 578, 590; 246 F.2d 204, 206; see 277 F.2d 806.