Question

Which of the following statements regarding community property is true?

a. When moving from a common law state to a pure community property state all property is now treated as community property.
b. When moving from a common law state to a quasi-community property state, only property acquired in the quasi-community property state will be considered community property.
c. When moving from a community property state to a common law state, community property is still considered community property.

Answer 1

The true statement regarding community property is that when moving from a common law state to a quasi-community property state, only property acquired in the quasi-community property state is considered community property.

Step-by-step explanation:

The question pertains to the laws governing the treatment of property when individuals move between states with different property systems in the United States. Specifically, it asks which statement about community property is true concerning movements between common law states and community property states, as well as quasi-community property states. The correct option is:

b. When moving from a common law state to a quasi-community property state, only property acquired in the quasi-community property state will be considered community property.

This is based on the premise that, generally, property acquired during the marriage in a quasi-community property state is considered community property. However, property that was owned in a common law state before the move usually retains its character as the separate property of one spouse.

It's important to note that the Full Faith and Credit clause requires each state to recognize the laws of other states; however, this recognition doesn't necessarily change the character of property retroactively when moving jurisdictions, as there can be differences in state laws regarding the treatment of such property.