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MATRIMONIAL REGIMES

Matrimonial Regimes, including Partition of Community Property and Settlement of Claims Arising from Matrimonial Regimes

This section includes:

  • Partition of Existing Community

  • Reinvestment and/or comingling

  • Management of Community Property

  • Incurring Liabilities

  • Causes of Termination: divorce judgment, separate property judgment, declaration of death, matrimonial agreement

  • Effect of termination of community

  • Classification of obligations

  • Reimbursement: satisfying obligation, improving property

  • Accession

  • Sep Prop Improvements

  • Common Labor Improvements

  • Accounting

  • Extrajudicial Partition

  • Judicial Partition

  • Conflict of Laws

  • Taxes

MATRIMONIAL REGIMES

Matrimonial Regimes

CLASSIFICATION OF ASSETS (AND OBLIGATIONS): COMMUNITY

The focus is usually on the nature of the asset or obligation, time of acquisition or incurrence and the nature of the transaction.

CLASSIFICATION OF ASSETS (AND OBLIGATIONS): SEPARATE

Sometimes property passes to one spouse as separate property during the marriage, and of course the property the spouses have prior to marriage is separate unless otherwise agreed upon.