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  L 1949, c 242, §1, repealed §§1-4 of L 1945, c 273, but provided that established interests in property should not be divested.  The repealed sections defined separate property and community property.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 (1957).

  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 (1961), aff'd 304 F.2d 149 (1962).

  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 (1957).

  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 (1957); 246 F.2d 204 (1957); see 277 F.2d 806 (1960).